Sunday, August 19, 2018

What's Yours?

Authors, do you own your own books' cover art?

You do if you created it yourself, or paid to have it created for you as a clear work for hire, providing you (or the person you hired to do the art) had the correct licenses to use the font(s), the image(s), the photographs.

Yes, that back matter photograph of yourself might not belong to you, unless you took it, or unless you acquired the appropriate rights in writing from the person who took the photo of you. The copyright of a photograph always belongs to the photographer.

If your traditional publisher has reverted your rights, before you self-publish the book, you may need to create or commission new cover art.

The same may apply to your website, depending on who designed your website. Your website might not be as portable as you suppose it is.

This last week, legal blogger David Oxenford, blogging for Wilkinson Barker Knauer LLP (whom I cited in last week's blog) discusses ownership of blogs and webpages:

Although branding for authors is the topic for Emily M. Haas, blogging for Michael Best & Friedrich LLP, consistency in fonts, logos, and other visuals are important to an author's brand, but are also elements that may not necessarily "belong" to the author, unless she is conscientious about clearing or acquiring the necessary rights.

See, "If You are an Author Looking to Build a Brand, Here are Some Items to Consider" (sic)

Authors, if your artist is quite laid back, for now, you might nevertheless fill out and have them sign a license template, such as THIS which is generously provided courtesy of THE ARTREPRENEUR (on the understanding that you give them written credit).

On the positive site, not all copying is infringing. Legal blogger Brian Murphy writing for Frankfurt Kurnit Klein & Selz PC discusses the case of the "ghost" building that appeared to be a copyright "gotcha", but wasn't.

When Copying Isn't Infringement.

I think I'd have made a Haint pun!

Finally, for those who find their rights being violated on or via CLOUDFLARE, (which is not a web hosting site) here is a place to start if you wish to file a DMCA notice.

All the best,

Rowena Cherry

No comments:

Post a Comment