Legal Question in Intellectual Property in California

Hi,

I already know that, in general, under US Law, if I splice together a bunch of different copyrighted images without the permission of the owner and make a new image from it, it would be copyright infringement.

Suppose I commission someone else to create an image for me to use as a book cover for a book I am writing instead. And that person in question is the one who splices these copyrighted images together to make my requested image. Can I be sued for unknowingly using the image the person made for me for commercial purposes?

Thank you!


Asked on 1/12/12, 9:09 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Prudent book publishers require that the cover artist certify that he or she has not infringed anyone's copyright, or has obtained all necessary permissions, and that the artist has obtained an appropriate insurance policy naming the publisher as an insured. Otherwise when the book comes out you will receive a demand letter from Getty Images, or some other rights holder, and you will (at best) have to pay an attorney to deal with the issue.

Read more
Answered on 1/12/12, 9:16 am
Jim Betinol Withrow and Betinol Law

Again the attorney above is correct. Generally, when you hire a graphic artist or anyone else to provide you with a copyrightable material, you should included in the agreement certain warranties making sure that the author have all the necessary rights to create the content and that you should be indemnified if the promise is not met. Without this clause, the copyright holder could make you accountable for infringements.

Read more
Answered on 1/12/12, 9:25 am


Related Questions & Answers

More Intellectual Property questions and answers in California