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Cover picture copyright need advice

Discussion in 'Copyright, Trademark, Patent Law' started by ThomasL, May 1, 2018.

  1. ThomasL

    ThomasL Law Topic Starter New Member

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    Jurisdiction:
    US Federal Law
    I would like to ask you an opinion about a weird question.
    I bought a picture in Depositphotos.com with Extended Licence. The picture is about one child and I would put it in my cover. The picture is uploaded about 10 years ago, so the kid must be around 16 years old right now. The child do not represent any subject or character inside the book's story, the protagonist are only two and both adults and it speaks about spiritual love and inconditional love, but even points of view of life, points of view about religions that are not so kind and other thoughts that the protagonists talk and express during the conversation. I put the image of a child because he would represent the children in the world, so he does not represent any character of the book. In fact the children are mentioned several times in the book in a very nice, useful and kind way.

    I carefully read the license terms and there are a couple things that made me think of eventual situations that could happen, but I need to know if my worries are justified.

    The terms of license say in two points that I do not have to use the picture in these cases:

    1_Use the File in items or products that could embarrass or humiliate a person or model in the File;

    2_Display, use or post the File in a way that would lead to the conclusion that the model in the File approves of or endorses the items or services of any venture or trademark;

    So my doubt is that as adult, the child-model in the picture could not agree with the topic treated inside the book and could claim that he feels embarass or humiliate by it, as his picture is in the cover or could even sais that it looks like he approves or endorses ideas, beliefs that he does not share. He could even sais that he does not agree with criticism against religions. Could I have troubles for it? I mean that the word "embarass" and "approves" looks to me too much general and can have very personal interpretation.
    Should I choose instead one picture that does not show child face?

    If I could, that means that every model could sued somebody because he does not share his ideas... What do you think???
    I am sorry but I just want to do things properly and every little doubt have to be checked.

    Thanks for your time!!!
     
  2. ElleMD

    ElleMD Well-Known Member

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    This isn't a message board question. It is a question for a lawyer who has actual read your book and not your optimistic, sanitized version of the subject matter. Or, talk to your editor/marketing team about your cover art selection. Just from your description it doesn't sound like it makes sense to use a photo of a child in any event.
     
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  3. zddoodah

    zddoodah Well-Known Member

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    What does "bought a picture" mean? In other words, what exactly did you buy?

    What does "in my cover" mean? Cover of what? I think what you're saying is that you have written a book and want to use this photo on the cover of the book. Correct?

    If you do that without express permission from the person depicted in the photo (or his parents if he is a minor), you will be exposing yourself to a very expensive lawsuit. Of course, if you're publishing this book through a legitimate publisher, the publisher will handle clearance issues, and you'll have little, if any, control over the cover design anyway.
     
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  4. adjusterjack

    adjusterjack Super Moderator

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    Could it happen? Yes.
    Could you have troubles? Yes.
    Could the adult sue? Yes.
    Could anybody sue anybody for anything? Yes.

    If you have to ask about potential issues like that, then you probably shouldn't be using the photo.

    Here's an idea: Create your own illustration for the cover. If you have no artistic talent find somebody who does and write a "work for hire" contract so that you own the copyright.

    Or, as Z suggests, let the publisher create the cover art.
     
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  5. ThomasL

    ThomasL Law Topic Starter New Member

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    Thanks a lot for the answer!
    I apologise if I did not be clear at the beginning. Yes it is a book cover and I bought Extended License from depositphoto.com. They have model permission released but of course they do not give it to me for keep the privacy protected.
    I am thinking to avoid to use the picture when the model face can be recognized and use one where the kid is protected. In this case could I have still issues because he does not feel comfortable with the book's topic?
     
  6. ThomasL

    ThomasL Law Topic Starter New Member

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    Thanks a lot!
    You are giving me helpful answers. What about if the child gives the back in the picture and so, the face subject can not be recognized?
    Can I still have problems with it?
     
  7. ThomasL

    ThomasL Law Topic Starter New Member

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    Thanks a lot. I keep in mind the opinion that a child picture would not be the case.
     
  8. zddoodah

    zddoodah Well-Known Member

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    If the individual cannot be recognized from the photo, then there's no valid legal claim.
     
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  9. ThomasL

    ThomasL Law Topic Starter New Member

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    Thanks again! I do not know if you are aware of it. Is there in the past any legal case where the model claim that he can be recognized even if he gives the back in the picture, because his photo is in the main online stock photos sites where they sell it and by finding it, anybody can arrive to artist name that took it and so, maybe to him as well?
    To be clear: I'm checking few covers on amazon and I just recognized a picture of a child that I saw in depositphotos stock...even if he is giving the back, I can arrive to know the artist that took it.
     
  10. zddoodah

    zddoodah Well-Known Member

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    I'm not familiar with the expression "giving the back." Care to clarify what you're talking about?
     
  11. ThomasL

    ThomasL Law Topic Starter New Member

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    I am so sorry. I apologise...I mean individual saw from behind
     
  12. zddoodah

    zddoodah Well-Known Member

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    If you can only see the person from behind, then he/she likely isn't identifiable.
     
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  13. ThomasL

    ThomasL Law Topic Starter New Member

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    Thanks a lot Zdoodah for your time that spent for me, and I apologise again for the confusion I did making the questions. I definitly do not use the picture that I bought at this point and I will change it!
     

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