Re: permission question

On Fri, 30 Jul 1999, Tamika Hughes <hughes[_at_]mail.temple.edu>
>
> I'd appreciate it if anyone could help me out with this. Here's the
> situation.
>
> A photograph is reproduced and used by permission of the rights holding
> organization as the backdrop for the cover of a book. If permission to
> reproduce the cover image as a whole is requested from the publisher,
> would permission be required from the organization holding rights to
> the cover art as well, or should the book publisher be able to grant
> permission to reproduce the cover without additional permission from
> the organization? I could see arguing either way. Does this scenario
> differ from the use of an entire article which includes a poem or song
> lyrics, in which case I would argue that permission need be obtained
> for both use of the article and use of the poem or lyrics?

It seems to me to depend on whether the organisation holding rights to the photograph in giving consent to reproduction of the photograph for use on the book cover also by implication also licensed the further reproduction in question. The answer to this question depends on the terms of the original licence and reason for the request to reproduce the cover art. Unless a licence for the further reproduction can be implied, the publisher would need to obtain consent to reproduction from the rights holding organisation.

Carolyn Doyle
<cmdoyle[_at_]mail.austasia.net> Received on Fri Jul 30 1999 - 10:51:28 GMT