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Do I have to get permission to use pictures of  other people on my cover?

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I would say yes.  As a Indpendent Filmmaker I know that you have to have each actor sign a release, allowing you to use their likeness in the film and it's promotion.  Without it an Actor can decide later that they no longer want to be part of the film and threaten to sue if you don't stop showing/selling the film - and they would win.  I imagine there is a similar law regarding the cover of a book.  Though it may also depend on the subject of your book.  If it is fiction, you most definetly do.  If it's non-fiction you might not need it.  I am sure all the books writing negatively about President Bush - for an example - do not have his permission to put his face on their book.  So if it is non-fiction you may want to look into it further.

The best answer is, "It depends."  If you are using stock photography and have the picture of a person, no.  The photographer has already (or should have) obtained a signature on a "model's release," which gives permission to use the photograph.

If the picture is one you have taken, and the person in the photograph is easily recognizable--usually this means a clearly visible face shot--then you should have a signed model's release for anyone in the shot who is recognizable.

Crowd shots... that is a murky area.  Usually you can get away with a crowd shot, as long as you are not showing someone doing something that would bring discredit upon themselves (a picture of a priest picking his nose, for example), but I have been told that TECHNICALLY crowd shots need model releases for anyone who is recognizable in the crowd.  Personally, I would not worry about that, though.

Here is a link to an article about model releases, along with an example of one that you could adapt and use.

http://www.nyip.com/ezine/techtips/model-release.html

Using photos of public figures in a new story is no problem.  Using them for advertising, or to market your book (i.e., on your cover) would necessitate model release forms for all those on the cover. Consulting with an attorney could keep you out of hot water.

Hope that is helpful!

Thank you.  Very helpful

By the way... are there any "stock shots" of these public figures, from stock photo companies, that you could use?  If so, it is their responsibility to get the model releases, and if they are selling the photos, they will have done so.

Tony

Hi Debbie,

More than likely, if the person if famous, you'll need their permission as well as the photographer's permission to use the photo. It doesn't hurt to get written permission from others as well.

Albert Einstein's estate closely guards the use of his photos. Many years ago, an ad agency I worked for used a photo of Robert Young of  the "Father Knows Best" TV show without permission, long after he was dead. The ad was for a car dealer, and his estate charged the agency $10,000 PLUS an amount of money equal to the sales for that weekend, so making a mistake in this regard can be very costly.

The safest procedure is to use royalty-free or licensed photos from the many websites that offer this service. Royalty free photos generally have model releases on file already, and for licensed photos, you can negotiate price and other terms directly with the photographer. If you have additional questions about book cover design, just ask. I'm happy to help.

Michele DeFilippo
1106 Design.com
Book design and self-publishing advice. With hand-holding.

Author of "Publish Like the Pros: A Brief Guide to Quality Self-Publishing" available at Amazon for $7.95 and less.

yes, of course,  some of my friends(they're also authors) tell me that you must get permission.

Using a photo of someone for "commercial purposes", meaning to make money, is separate from free speech. We can express our opinions about anything (with some limitations, such as slander and libel), but it's still necessary to get the photographer's permission to use a photo on the cover. As others have said here, the best course it to consult with an attorney who specializes in publishing. Lloyd Rich in Denver is one. Others may participate here as well.

great, thanks

you're welcome, haha ......
if any prinitng needs, you could contact me and I'll try my best to help you.

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