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Question re using album artwork and the legalities

djwaxondjwaxon 411 Posts
edited June 2014 in Strut Central
I'm looking at possibly using some album artwork for some products I'm making, and wondered if anyone knew anything about the procedure to do such a thing legally? Say, if it's something on Priority or Jive from about 20 years back, are they likely to kick off about you using it w/o permission? Would a company typically demand a royalty for this or a flat fee?

Thanks in advance,

Adam

  Comments

  • LaserWolfLaserWolf Portland Oregon 11,517 Posts
    The more successful you are, the more $$$ you make, more likely they are to come knocking.

    I'm no lawyer but, until the lawyers come, before you use copyrighted material you must clear the usage with the copyright owner.
  • parallaxparallax no-style-having mf'er 1,266 Posts
    I'm no lawyer, but if you stand to make a buck, I imagine they will want a cut.
  • djwaxondjwaxon 411 Posts
    Thanks guys

    Yeah, I guess I'm wondering whether to try and do it on the downlow in small runs, or whether to try and make decent money from it and wait to see if I do before trying to get an agreement. I can't afford to use a lawyer to do this without knowing whether I'll make money.

    I guess I'm looking at it like a visual equivalent of sampling really
  • volumenvolumen 2,532 Posts
    djwaxon said:
    Thanks guys

    Yeah, I guess I'm wondering whether to try and do it on the downlow in small runs, or whether to try and make decent money from it and wait to see if I do before trying to get an agreement. I can't afford to use a lawyer to do this without knowing whether I'll make money.

    I guess I'm looking at it like a visual equivalent of sampling really

    Waiting to get permission until you've used said material and make money is a good way to loose even more money on lawyers and fines. Once you violate the copyright, the copyright owner is going to sue you for everything they can get. Getting permission legally before hand is usually a fraction of the cost of being sued for copyright violation even if the legal method sounds too expensive now. The copyright owner can also sue you for big money AND make you take your product off the market and you won't be making any money to pay your legal bills. There are plenty of places that sell production art to anyone and you don't need a lawyer or anything. If you are trying to "sample" some known artist ....don't do it son.
  • djwaxondjwaxon 411 Posts
    Thanks for the advice. I guess if I look into getting permission, it gives me scope to go balls out with it too and try and make some proper cash
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