This Article is Very import for Authors and Artists. Please read:
This article was found on the website below.
booksat.scarlettrugers.com/bookcoverdesign/who-owns-the-copyright-to-my-book-cover/
What is copyright?
Copyright is the protection you’re entitled to for the work you create so no one else can simply steal your work and claim it as their own. Lets be clear:
The expression of the idea, not the idea itself.
Example of copyright forms: Painting, writing, designing, photography and music.
So whatever words you put on a page is copyrighted. Whatever sketches you make in your notebook is copyrighted. And yes, it’s copyrighted- not copywritten.
Who owns the copyright of my book cover? So you’ve pitched an idea to your designer. They design it. They send it to you. You like it. You buy it. No contract? The designer owns the copyright.
Whomever translates the idea into a form owns the copyright. This is across the board in all forms of artistic expression. You pitch an idea on a forum, and someone else writes it. They own the copyright. They’re bastards for doing it and you can take them to court, but it is not the idea that can be copyrighted but the form it takes through expression.
What happens more often than not-(i.e.: Assume makes an ass out of…. you get it)This is the situation: you get together with an artist or a designer and they do what you have asked of them. They send over a JPG or a PDF file to you. You then post that on blogs, on forums, you use it on Goodreads and Facebook ads, and on banners. Then you decide to submit it in to a magazine for an ad, and attach it for an article you’re writing, and then you’re putting it on a poster and a business card and bookmarks.
Reality: If your designer has not transferred the rights to you to use it for all these purposes- you’re breaching copyright law. You must have rights to post it where you want, and how many times you’re posting it.
You may also expect to receive all the files from your designer, including the Photoshop/Illustrator/InDesign files with all the filters, images, and foundation of the book cover. Unless your contract states specifically, you are not entitled to these files- you’re entitled to the final product.
Limits on copyright:Las Vegas design studio Formulis explain it expertly and simply:
1) For example, let’s say a designer creates a brochure for you using a stock image. Your designer has to purchase specific rights to use that image in your brochure. The price of the stock imagery is based upon the type of use, volume of brochures being printed, medium of use (print, web, TV, etc.) and additional factors. If you then take the brochure and decide to modify it for let’s say an advertisement in a trade magazine, you are then using the stock imagery against the licensing rights purchased… making you liable for damages and royalties to the photographer of that stock image.
2) The same usage and copyrights apply to any custom graphics and design work your Las Vegas graphic designer produces for you. You are contracting the design firm to produce finished pieces for you. Not full ownership rights to the work.
It’s the same as if you buy a painting in an art gallery, a book in a bookstore, or a copy of Microsoft Windows. Your purchase of those items limits you to a) display the painting in your home or gallery, b) read the book, and c) use MS Windows on your computer. Your purchase of the painting, book or software does not give you complete rights to the work and prevents you from: making copies of the painting or book for resale, using excerpts from the book for commercial gain, or reverse-engineering Windows and using it for other applications or resale.
When you purchase a piece of art (like a stock image, a book cover, a painting) there are different licences available. The things you need to take note of are:
So where should you check copyright?In the contract. When you purchase images off the internet there should be license details available, as there are on every stock image website. You’ll see different licenses such as ‘limited’, and ‘extended’.
If you’ve hired someone then it should definitely be in the contract. It’ll let you know if you have rights to use the images as you please, or limited rights, whatever the artist specifies. If there’s nothing in your contract about rights you MUST bring it up with your artist.
How can you claim the complete rights for your book cover?It might already be in your contract that you get the raw files, or that you don’t. But either way at the end of the project you can ask your artist for all, raw files for your book cover- however be prepared to pay a LOT for it. I can’t give you an estimation as to what your designer will charge you because it changes from designer to designer. Why should you pay a lot for what you hired them for in the first place, you might be asking?
Look at it like a film. You enjoy watching it and pay for the DVD- but do you think you could ask for all the raw/native files from the producers for the same price?
That way you have all rights for distribution and creativity, you can do whatever you want with the files. In order to do that you need to compensate them for their work, time, ideas, energy and document management.
What to ask for from your designer. Don’t be scared!
Copyright may stop you from entering a fulfilling and successful relationship with an artist, but it shouldn’t. In my own contract I state that my clients have full rights to the PDF and JPG. That’s all that’s required, “full rights to the final files”. Here are some simple questions you can ask to make sure all bases are covered: Requesting the full raw files from an Artist that designs the cover will cost more than the cover design. Be prepared to pay more for the Raw files!
1. How can we make sure I have rights to distribute this where I want? I might want to put this on a bookmark or poster, and I plan to post it on different websites on the net. Can we organize *#10,000 impressions*/*an unlimited use?
2. [If you have trouble finding it yourself] Can you show me where in the contract it states about my rights to the files? I want to make sure we’re both legally covered.
3. Do you keep your raw files, or do you provide them?
Check the copyright laws of your country.Not every country has the same copyright laws so get informed. If you aren’t it could come back and bite you. A little bit of time and knowledge can save you a lot of money and stress!
This article was found on the website below.
booksat.scarlettrugers.com/bookcoverdesign/who-owns-the-copyright-to-my-book-cover/
What is copyright?
Copyright is the protection you’re entitled to for the work you create so no one else can simply steal your work and claim it as their own. Lets be clear:
The expression of the idea, not the idea itself.
Example of copyright forms: Painting, writing, designing, photography and music.
So whatever words you put on a page is copyrighted. Whatever sketches you make in your notebook is copyrighted. And yes, it’s copyrighted- not copywritten.
Who owns the copyright of my book cover? So you’ve pitched an idea to your designer. They design it. They send it to you. You like it. You buy it. No contract? The designer owns the copyright.
Whomever translates the idea into a form owns the copyright. This is across the board in all forms of artistic expression. You pitch an idea on a forum, and someone else writes it. They own the copyright. They’re bastards for doing it and you can take them to court, but it is not the idea that can be copyrighted but the form it takes through expression.
What happens more often than not-(i.e.: Assume makes an ass out of…. you get it)This is the situation: you get together with an artist or a designer and they do what you have asked of them. They send over a JPG or a PDF file to you. You then post that on blogs, on forums, you use it on Goodreads and Facebook ads, and on banners. Then you decide to submit it in to a magazine for an ad, and attach it for an article you’re writing, and then you’re putting it on a poster and a business card and bookmarks.
Reality: If your designer has not transferred the rights to you to use it for all these purposes- you’re breaching copyright law. You must have rights to post it where you want, and how many times you’re posting it.
You may also expect to receive all the files from your designer, including the Photoshop/Illustrator/InDesign files with all the filters, images, and foundation of the book cover. Unless your contract states specifically, you are not entitled to these files- you’re entitled to the final product.
Limits on copyright:Las Vegas design studio Formulis explain it expertly and simply:
1) For example, let’s say a designer creates a brochure for you using a stock image. Your designer has to purchase specific rights to use that image in your brochure. The price of the stock imagery is based upon the type of use, volume of brochures being printed, medium of use (print, web, TV, etc.) and additional factors. If you then take the brochure and decide to modify it for let’s say an advertisement in a trade magazine, you are then using the stock imagery against the licensing rights purchased… making you liable for damages and royalties to the photographer of that stock image.
2) The same usage and copyrights apply to any custom graphics and design work your Las Vegas graphic designer produces for you. You are contracting the design firm to produce finished pieces for you. Not full ownership rights to the work.
It’s the same as if you buy a painting in an art gallery, a book in a bookstore, or a copy of Microsoft Windows. Your purchase of those items limits you to a) display the painting in your home or gallery, b) read the book, and c) use MS Windows on your computer. Your purchase of the painting, book or software does not give you complete rights to the work and prevents you from: making copies of the painting or book for resale, using excerpts from the book for commercial gain, or reverse-engineering Windows and using it for other applications or resale.
When you purchase a piece of art (like a stock image, a book cover, a painting) there are different licences available. The things you need to take note of are:
- How many impressions your stock image is licensed for (impressions meaning, how often you can print it before you have to repurchase the image).
- Whether you can use the stock image for digital versions.
- If you can distribute the stock image to sites other than where you’re publication is available to purchase like Amazon, or Smashwords. That is, can you put your book cover on a t-shirt, mug, DVD cover, etc.
So where should you check copyright?In the contract. When you purchase images off the internet there should be license details available, as there are on every stock image website. You’ll see different licenses such as ‘limited’, and ‘extended’.
If you’ve hired someone then it should definitely be in the contract. It’ll let you know if you have rights to use the images as you please, or limited rights, whatever the artist specifies. If there’s nothing in your contract about rights you MUST bring it up with your artist.
How can you claim the complete rights for your book cover?It might already be in your contract that you get the raw files, or that you don’t. But either way at the end of the project you can ask your artist for all, raw files for your book cover- however be prepared to pay a LOT for it. I can’t give you an estimation as to what your designer will charge you because it changes from designer to designer. Why should you pay a lot for what you hired them for in the first place, you might be asking?
Look at it like a film. You enjoy watching it and pay for the DVD- but do you think you could ask for all the raw/native files from the producers for the same price?
That way you have all rights for distribution and creativity, you can do whatever you want with the files. In order to do that you need to compensate them for their work, time, ideas, energy and document management.
What to ask for from your designer. Don’t be scared!
Copyright may stop you from entering a fulfilling and successful relationship with an artist, but it shouldn’t. In my own contract I state that my clients have full rights to the PDF and JPG. That’s all that’s required, “full rights to the final files”. Here are some simple questions you can ask to make sure all bases are covered: Requesting the full raw files from an Artist that designs the cover will cost more than the cover design. Be prepared to pay more for the Raw files!
1. How can we make sure I have rights to distribute this where I want? I might want to put this on a bookmark or poster, and I plan to post it on different websites on the net. Can we organize *#10,000 impressions*/*an unlimited use?
2. [If you have trouble finding it yourself] Can you show me where in the contract it states about my rights to the files? I want to make sure we’re both legally covered.
3. Do you keep your raw files, or do you provide them?
Check the copyright laws of your country.Not every country has the same copyright laws so get informed. If you aren’t it could come back and bite you. A little bit of time and knowledge can save you a lot of money and stress!