Re: permission question

On Thu, 29 Jul 1999, Tamika Hughes <hughes[_at_]mail.temple.edu> wrote:
>
> 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?

Barring a legitimate fair use issue, it seems to me that the answer depends on the scope of the initial license. If the publisher was granted only the right to reproduce the photo on the book jacket, it probably does not have the right to sublicense derivative uses.

Larry Weiss
<pgw[_at_]idt.net> Received on Sun Aug 01 1999 - 17:35:31 GMT