Legal Question in Intellectual Property in Kentucky
Im trying to use this image for my next book cover. I found it on the internet but cant find the copyright owner to get permission to use it. I'm afraid if I do, i could get sued
So if its posted all over the internet like on websites and social networks and none of them own it but are using it too, is there any law that protects me somehow so I can use it too?
Also, if I go ahead and use it without permission, whats the worst that can happen? Can I actually get sued or in trouble?
Is there any other way to find the creator of this specific image or to gain permission to use it if i cant find the creator?
1 Answer from Attorneys
My recommendation: Use it and let the owner find you, which will probably not occur. If you are contacted immediately let them know you searched for the owner but could find none and thought it was public domain and then offer to stop producing that book cover (use the word producing rather than selling, so you can use up your inventory without breaking your word) or to pay them some agreed royalty, say 5%.
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