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Photography Question 
Kendall L. Noland
BetterPhoto Member Since: 5/15/2005
 

Copy right on cd albums


I want to do a photo tribute to an recording artist who has past way and I want to use the title of his albums as the title of the photograph. Do I need permission to do this?


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1/2/2007 8:36:55 PM

 
Todd Bennett
BetterPhoto Member Since: 11/8/2004
  Kendall,

I don't really have an answer for you. I mainly responded to move the question back up the list in hopes that Mark F. will see it. He seems to be the authority here on copyright issues. My first thought would be yes; but, I could be wrong. It isn't by chance James Brown is it?


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1/3/2007 3:55:59 PM

 
Kendall L. Noland
BetterPhoto Member Since: 5/15/2005
  Todd,
The artist I want to do is Richard Pryor and James Brown.


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1/3/2007 4:05:29 PM

 
Todd Bennett
BetterPhoto Member Since: 11/8/2004
  Kinda thought it might have been James Brown. I live in Augusta where he is from.


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1/3/2007 4:07:14 PM

 
Todd Bennett
BetterPhoto Member Since: 11/8/2004
  It also may have to do with whether you are trying to make money of the CD or not.


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1/3/2007 4:10:35 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  Well Kendall, in all honesty, I don't know for sure but I'll bet some guy (or gal) that specializes in intellectual property law could answer it in a second and probably wouldn't charge you.

Off the cuff, I'm with Todd on this one. It seems to me the answer would be yes, you'd need permission from the artist's estate or surviving representatives and agree to provide them with credit, e.g., "song title xyz" by James Brown, "used with permission." See what I mean?

It's permission to use the original right-protected (copyrighted) work in a commercial context and for that I'd say you need consent from the author's estate, etc. Best to ask and get permission in writing. Or, if you need an IP lawyer, call the lawyer referral service of your local bar assn. and tell them what you're looking for, they'll probably give you a couple of two or three names to call.

Sorry I can't be more definitive than that. Take it light ;>)
Mark


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1/3/2007 5:16:24 PM

 
Mark Feldstein
BetterPhoto Member Since: 3/17/2005
  On second thought, it's really the actual music and lyrics that's right-protected, the title of the song is more like an idea and may not be protected. So, if you entitled a photo "I feel good", without putting the photo to James Brown's music (whatever the original name of the song was), you'd probably be ok and wouldn't require permission. Where I think it's going to get sticky is referring to the original artist specifically and adopting the title of their work specifically. Yep. I'd still ask. Interesting question though. Let us know if you find out anything lol....specifically. :>))
Mark


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1/3/2007 5:20:27 PM

 
Kendall L. Noland
BetterPhoto Member Since: 5/15/2005
  Todd and Mark,
Thanks for your response, I just want to do my photo interpretation of an album title, example would be his album title (Papa's Got a Brand New Bag).I am not going to use the artist photo.
I will check with a lawyer. I don't plan on selling the tribute but if an offer was made you do what you do.
Once again thanks for the info.
Kendall


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1/3/2007 6:04:57 PM

 
Kendall L. Noland
BetterPhoto Member Since: 5/15/2005
  I contact a lawyer and this is what his response was:


Probably. The titles are probably copyrighted and so you'd need permission from the copyright holder to use them.

Reply Posted By:
Peter Bradie [view profile]
Bradie, Bradie & Bradie
6606 FM 1488, Suite 148-363
Magnolia, TX 77354-2544
US

bradiex3@bradie-law.com


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1/8/2007 5:29:08 PM

 
Todd Bennett
BetterPhoto Member Since: 11/8/2004
  Kendall,

Thanks for letting us know. That is about what I expected.


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1/8/2007 5:34:04 PM

 
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