Publishing Old Pics & Old Toys?
March 6, 2010 5:11 PM Subscribe
[Copyright/Publishing Filter] Old toy & Vintage Photograph I'd like to include for kicks in a book to be published - is this legal?
I have a childhood toy, along the lines of a My Little Pony, and a vintage photograph that are in line with two sections of a book being published and sold in stores. The book will have a zillion other pics in it that I have clearance for, and these two pictures would be small and not a focus at all, just funny in context, but not at all in a slanderous way.
Do I have to get clearance for this from the toy peeps or is it ok if I own the toy to use it in this way as a prop?
And what about the vintage photo for which I have no contact information?
YANML :)
I have a childhood toy, along the lines of a My Little Pony, and a vintage photograph that are in line with two sections of a book being published and sold in stores. The book will have a zillion other pics in it that I have clearance for, and these two pictures would be small and not a focus at all, just funny in context, but not at all in a slanderous way.
Do I have to get clearance for this from the toy peeps or is it ok if I own the toy to use it in this way as a prop?
And what about the vintage photo for which I have no contact information?
YANML :)
Photo of the toy: possible copyright infringement. The vintage photograph: probably depends on how old it is.
If you take a photo of an object that was created by another person, like your toy, the photo could be deemed a derivative work.
For example, if I were to go to Walt Disney World, take a photo of Mickey Mouse, then publish that photograph in a book, Disney could demand payment and/or that I remove the photograph from my book. It doesn't matter how funny or small my photo is, and it doesn't matter that I took the photograph. Mickey Mouse is Walt Disney's original work and Disney holds the copyright to Mickey Mouse. By publishing my photograph of their copyrighted work in my book without their license, I may have infringed Disney's copyright.
In the United States, I could use my photograph and claim it's fair use, but the copyright owner could still demand payment or withdrawal of the photograph. It could cause a big headache for me and my publisher.
As for the vintage photograph, if it was taken before 1923 or if the photographer has been dead for more than 100 years, the photo is likely in the public domain. Here is a chart to help determine if your vintage photo qualifies.
In other words, be careful. If you can, get permission from the toy's maker and find the source of your vintage photograph. Good luck with your book!
posted by lambchop1 at 11:44 PM on March 6, 2010
If you take a photo of an object that was created by another person, like your toy, the photo could be deemed a derivative work.
For example, if I were to go to Walt Disney World, take a photo of Mickey Mouse, then publish that photograph in a book, Disney could demand payment and/or that I remove the photograph from my book. It doesn't matter how funny or small my photo is, and it doesn't matter that I took the photograph. Mickey Mouse is Walt Disney's original work and Disney holds the copyright to Mickey Mouse. By publishing my photograph of their copyrighted work in my book without their license, I may have infringed Disney's copyright.
In the United States, I could use my photograph and claim it's fair use, but the copyright owner could still demand payment or withdrawal of the photograph. It could cause a big headache for me and my publisher.
As for the vintage photograph, if it was taken before 1923 or if the photographer has been dead for more than 100 years, the photo is likely in the public domain. Here is a chart to help determine if your vintage photo qualifies.
In other words, be careful. If you can, get permission from the toy's maker and find the source of your vintage photograph. Good luck with your book!
posted by lambchop1 at 11:44 PM on March 6, 2010
Pretty much what has been said above, fair use is murky, the subject photographed may carry a separate trademark/copyright -- but to add something about going through the copyright guidelines: the photo, unless it appeared in a different book or magazine, needs to go by the "unpublished" guidelines. For example, I own some old, old photos (1910s and earlier), but the guy who took them died in the 60s -- they're not pre-1923 public domain, they're not "unrenewed renewals", they're "death + 70years", so in 2030 they'll be public domain.
You might want to read up on "orphaned works" -- Google has been working out their own deal regarding copyrighted works for which the original creator cannot be found to clear rights with. If you have no way of knowing who made the toy and/or cannot find out who took the photo, a certain amount of diligence in documenting your search can be a source of protection...but there's always a chance somebody will see the photo, figure out they likely own the copyright to something about it, and sue you for it. "Errors and omissions" insurance might be a wise investment, too, to cover the cost of defending against that sort of gap in research.
posted by AzraelBrown at 7:16 AM on March 7, 2010
You might want to read up on "orphaned works" -- Google has been working out their own deal regarding copyrighted works for which the original creator cannot be found to clear rights with. If you have no way of knowing who made the toy and/or cannot find out who took the photo, a certain amount of diligence in documenting your search can be a source of protection...but there's always a chance somebody will see the photo, figure out they likely own the copyright to something about it, and sue you for it. "Errors and omissions" insurance might be a wise investment, too, to cover the cost of defending against that sort of gap in research.
posted by AzraelBrown at 7:16 AM on March 7, 2010
I think trademark is the concern with the toy, and you're likely fine there if it's been out of production for at least ten years.
posted by ChurchHatesTucker at 2:24 PM on March 7, 2010
posted by ChurchHatesTucker at 2:24 PM on March 7, 2010
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posted by Alt F4 at 5:53 PM on March 6, 2010