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Use a Photo in a Book on Amazon?

Discussion in 'Intellectual Property Law Forum' started by Liz, 9 July 2014.

  1. Liz

    Liz Member

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    Hi there,
    I'm about to publish my first book on Amazon and before I submit my final draft, I would like to know if I can use a photograph of an academic that I've referenced in the book, or it it copyright material?

    Thanks.
     
  2. John R

    John R Well-Known Member

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    Hi Liz,
    In relation to photos, copyright law generally requires an author/book publisher to obtain written consent/permission from the copyright owner (that is, generally, the person who took the photo unless the photographer was contracted to take the photo on behalf of someone else, e.g. their employer) to use the photo in a published book.

    Have you been able to identify the copyright owner?
     
  3. Liz

    Liz Member

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    Hi John,
    Many thanks for your response. I thought that might've been the case. No, I don't know who the copyright owner's are but I've written to each academic to get permission. Having said that, I know they may not own the photos either. Does the same thing apply if the academics have passed away? Three of them are no longer alive, so Im wondering if I can still use the images?
    Thanks, Liz.
     
  4. John R

    John R Well-Known Member

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    Hi Liz,
    1. Even if some of the individuals in the photo are deceased, the copyright owner is still the person you need to identify and obtain consent/permission from.
    2. If the copyright owner is deceased, copyright will expire and the photograph will enter the public domain after 50 or 70 years. The Wikipedia article "Copyright expiration in Australia" has a good summary on this topic.
    Hope this helps.
     
  5. Liz

    Liz Member

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    Hi John,

    I have gained permission already from a couple. I'm wondering how to find who owns the pictures if no photographer is listed beside, or anywhere near the picture. Many thanks for your reply :)
     
  6. John R

    John R Well-Known Member

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  7. Liz

    Liz Member

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    Great! Thanks for info John. I've actually replaced a couple of photos with my own drawings. I'll keep the photos of those who have replied. It's easier to replace those who haven't. I'm not changing the content, just those pics. I will certainly keep you updated.

    Many thanks, Liz.
     

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