by R.C. Lewis
We all know how easy it's become to digitally self-publish an eBook these days. That means it's become just as easy to get yourself in some real legal trouble. Just as we wouldn't want a so-called "writer" to plagiarize our work, likewise we shouldn't infringe on the copyrights of our fellow artists ... any of them. And some of them, you may never have even thought of.
So here we go. An overview of things to watch out for, and a few tips on doing it right.
Cover Images
Just because you found it on the internet and were able to download it doesn't mean you can use an image (photo, graphic, etc.) for commercial purposes. For that reason ...
DO NOT rely on a Google Images search (or similar under any other search engine). You'll find anything and everything, and often the source site won't have any connection to the original artist. The sites you find may or may not be using that image legally.
DO go to royalty-free stock image sites, such as istockphoto, bigstockphoto, and 123rf. READ THE USAGE AGREEMENTS/LICENSES CAREFULLY. Sometimes their usage depends on whether you "significantly alter" the image (which is often the case with book covers). Sometimes there is a print limit.
Some prohibit the use of images as part of a logo. Some restrict the maximum size (resolution) you can use commercially.
Some of those restrictions can be nullified if you buy an extended use license (usually significantly more expensive). Some of the restrictions are absolute no matter what.
READ THE RULES, then READ THEM AGAIN.
ANOTHER OPTION is a site like deviantART. You'll find a wide variety of artists, from amateur to professional. Whether or not you can use a given image varies on a case-by-case basis. Sometimes the artist just requires credit. Sometimes the image is free for use. Sometimes you can't use the image at all, but the artist can be hired to commission an original piece. READ CAREFULLY.
Fonts
DO NOT assume that because a font is on your computer, it's fair game. Often fonts get added because of programs you installed. The software company had permission to use that font, and by extension, you have permission for personal use of that font. Your commercial use of that font does not always follow.
DO search various specialty font sites (there are about a gazillion) and CAREFULLY note personal/commercial use allowances. Sometimes you need to purchase a license for a font—and they can be expensive in some cases. Sometimes the font artist just asks for a donation, with the amount at your discretion. (Be reasonable, not too cheap.)
Brushes
If you're doing your own cover design (or even interior design, creating watermarks or something for a POD version), you may be familiar with the multitude of things you can do with special Photoshop brushes. They're available for download, again at many sites.
DO NOT assume no one will ever know you used a particular brush that's not licensed for commercial use.
DO carefully check guidelines on whatever site you download the brushes from. If it doesn't indicate personal vs. commercial use, find someone to ask.
Lyrics/Poetry/Excerpts
The infamous song lyric bugaboo. Song titles are fair game, so your safest bet is to reference the song that way and let your reader do the singing.
DO NOT assume that quoting just one line, or just two, or just the chorus, or just one paragraph of your favorite book is okay. Big-6 publishers have had to pay big bucks for a single line of lyrics. You don't want the artist to sue you for the same ... or more.
DO check and double-check. Maybe a poem or novel you want to quote from are in the public domain. Maybe you have a connection to the artist and can get permission. Maybe you don't know the artist, but are really persuasive. Fine, go for it, but get a lawyer to draw up some paperwork for you.
When in doubt, leave it out.
Anything I've missed or should elaborate on further? Do you have tips, tricks, and warnings of your own? Please share.
R.C. Lewis teaches math to deaf teenagers by day and writes YA fiction by every other time. You can find her at Crossing the Helix and Twitter (@RC_Lewis).
7 comments:
Fantastic post, RC. It is so important to read the fine print. I had no idea that the fonts we use in Word aren't necessarily okay to use in publishing. Now I understand why some books say which font they used and who developed it.
Calista gave me a great tip this week--call the photo company and ask about licensing. Why I didn't think of that, I'm not sure. It's even a 1-800 number! We got some great advice from BigStock and 123rf this week. (I had misunderstood their licensing.)
While I'm not self-publishing, I am making a logo for my website. And in my case, I *can* use some of the images on those stock sites since I will not be trademarking, copyrighting, or registering my logo. In other words, someone else could come along and use the same image in their logo and I'd just have to suck it up.
Thanks for bringing this to light, RC!
Great post RC! And so very true. In our brave new world it's very easy to drag and drop and not worry about the consequences, even innocent actions can bite you in your .... well you know.
Wow! So much to know and think about! Thanks for the info RC! :)
Ah, e-pubbing and self-pubbing, definitely shifts more responsibility to the writer. I'm forever checking photos when I post, I try to ensure I always credit the owner as I think its important. We wouldn't want people to use our own work without permission either. Very useful post! Thanks so much for sharing. :))
Ohh you make some critical points here. As self-publishers, we have to maintain a sense of responsibility and need to be careful about what we publish as our own. For book covers I prefer to use my own photography.
Great blog post!
-Wendy Lu
The Red Angel Blog
All of this makes my head spin but very imformative.
Wow. I didn't know that about the fonts, thanks for pointing that out to me. This whole article stresses me out, though, because I plan to hire someone to do my cover for me (I have no idea how to do it myself) and am worried they won't know not to do all these things.
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