Can you legally show a book cover? at DVinfo.net

Josh Bass · May 1st, 2003, 12:41 AM

In a movie I'm preparing to shoot, I have a scene where a character is supposed to have a large stack of books in front of him. Can I use real books, and show the covers, or does this infringe on something? He won't be quoting text from them, or anything like that, and I won't be showing the print from any of them. I ask the question because otherwise I have to make fake book covers in photoshop.

Ken Tanaka · May 1st, 2003, 12:43 AM

What is your intended use of the movie? Personal? Sale? Broadcast?

Josh Bass · May 1st, 2003, 12:45 AM

Whatever I can do with it. Film festivals mostly. I don't see this making it onto real honest to God TV.

Like the response time too. Nice.

Ken Tanaka · May 1st, 2003, 12:52 AM

I'm guessing that some of Paul Tauger's remarks, such as false-light defamation, in the "Innocent Bystander" thread may apply here. Maybe he'll be able to chime-in on this.

From what I can gather, it's principally a matter of context. Having a character beat another character bloody with a clearly recognizable Harry Potter book might land you a suit.

Josh Bass · May 1st, 2003, 12:59 AM

No no no. The guy's just supposedly poring through these books to help himself come up with a dirty catchphrase. Oh wait. . .that could be bad too. What if I used really old books. . .like "The Republic"

Eric Becker · May 4th, 2003, 09:53 AM

Josh-

The cover art of a book is intellectual property owned by the book publisher. As such, it is important to clear it with the publisher if the book it going to be recognizable on screen. If it is going to be obscured, whether by framing, focus or whatever, then rights are not a problem.

So, you should probably make those fake book covers, although it might not be that hard to get the rights to show the cover, chances are the publisher might be cool with it.

By "really old books", I assume you mean works in the public domain. These are the best things to use whenever you can. I highly suggest you do that. However, the cover art of recent printings of books in the public domain is still the property of the publisher. My suggestion: use books in the public domain and recreate the covers. After all, its easier to use photoshop than lawyers.

-Eric

Josh Bass · May 4th, 2003, 03:38 PM

I was just going to show the titles on the spines

May 1st, 2003, 12:41 AM	#1
Josh Bass Slash Rules! Join Date: Apr 2002 Location: Houston, Texas Posts: 5,472	Can you legally show a book cover? In a movie I'm preparing to shoot, I have a scene where a character is supposed to have a large stack of books in front of him. Can I use real books, and show the covers, or does this infringe on something? He won't be quoting text from them, or anything like that, and I won't be showing the print from any of them. I ask the question because otherwise I have to make fake book covers in photoshop. __________________ The Bass' camerawork The Bass on IMDB

May 1st, 2003, 12:43 AM	#2
Ken Tanaka Retired DV Info Net Almunus Join Date: Dec 2001 Location: Chicago, IL Posts: 6,943	What is your intended use of the movie? Personal? Sale? Broadcast? __________________ Lady X Films: A lady with a boring wardrobe...and a global mission. Hey, you don't have enough stuff! Buy with confidence from our sponsors. Hand-picked as the best in the business...Really! See some of my work one frame at a time: www.KenTanaka.com

May 1st, 2003, 12:45 AM	#3
Josh Bass Slash Rules! Join Date: Apr 2002 Location: Houston, Texas Posts: 5,472	Whatever I can do with it. Film festivals mostly. I don't see this making it onto real honest to God TV. Like the response time too. Nice. __________________ The Bass' camerawork The Bass on IMDB

May 1st, 2003, 12:52 AM	#4
Ken Tanaka Retired DV Info Net Almunus Join Date: Dec 2001 Location: Chicago, IL Posts: 6,943	I'm guessing that some of Paul Tauger's remarks, such as false-light defamation, in the "Innocent Bystander" thread may apply here. Maybe he'll be able to chime-in on this. From what I can gather, it's principally a matter of context. Having a character beat another character bloody with a clearly recognizable Harry Potter book might land you a suit. __________________ Lady X Films: A lady with a boring wardrobe...and a global mission. Hey, you don't have enough stuff! Buy with confidence from our sponsors. Hand-picked as the best in the business...Really! See some of my work one frame at a time: www.KenTanaka.com

May 1st, 2003, 12:59 AM	#5
Josh Bass Slash Rules! Join Date: Apr 2002 Location: Houston, Texas Posts: 5,472	No no no. The guy's just supposedly poring through these books to help himself come up with a dirty catchphrase. Oh wait. . .that could be bad too. What if I used really old books. . .like "The Republic" __________________ The Bass' camerawork The Bass on IMDB

May 4th, 2003, 09:53 AM	#6
Eric Becker Tourist Join Date: May 2003 Location: New York, NY Posts: 1	Josh- The cover art of a book is intellectual property owned by the book publisher. As such, it is important to clear it with the publisher if the book it going to be recognizable on screen. If it is going to be obscured, whether by framing, focus or whatever, then rights are not a problem. So, you should probably make those fake book covers, although it might not be that hard to get the rights to show the cover, chances are the publisher might be cool with it. By "really old books", I assume you mean works in the public domain. These are the best things to use whenever you can. I highly suggest you do that. However, the cover art of recent printings of books in the public domain is still the property of the publisher. My suggestion: use books in the public domain and recreate the covers. After all, its easier to use photoshop than lawyers. -Eric

May 4th, 2003, 03:38 PM	#7
Josh Bass Slash Rules! Join Date: Apr 2002 Location: Houston, Texas Posts: 5,472	I was just going to show the titles on the spines __________________ The Bass' camerawork The Bass on IMDB

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