Is it necessary to get permission from the artist to use their work on a music album cover?

Question: Do you think I could release the album without their permission since I don't use their singer Photo , or name anywhere in the artwork??

Answer: The situation that you describe is, legally, extraordinarily complicated. There are very likely many facts that you have not included which (to an intellectual property lawyer) are critical for a proper analysis. The short answer I come to is that the risk of releasing the album is far too high without first sitting down and discussing the matter with a competent intellectual property attorney. Releasing the album will cost you money and will, under ALL scenarios, expose you to the risk of a lawsuit from the artist who actually sung the songs as well as a lawsuit from his current record label. If you believe that the project will be commercially successful then you need to invest a few thousand dollars in legal advice to identify and, hopefully, manage those very real risks.

Question: Or is there any way I could legally get away with it , without a written permission of them??

Answer: Your can I "get away with it" language is troubling -- though I realize that just by seeking legal advice you have exhibited restraint. In short, creating, producing, and selling music is a business and, just like any business, you need someone on your team who knows the rules that society has set up to participate in that business. If you cannot afford to hire that person then you need to seriously reassess entering the business. Otherwise you not only expose yourself to risk but you may unknowingly harm the financial interests and reputations of the artists you are trying to promote. Your good intentions and creative talent, while admirable, are not enough -- you need a legal foundation to support your commercial activities.

There are many good books written for lay persons about how to set up and run an independent record record label (available inexpensively at Amazon.com). You can also download (for free) the Indie Band Survival Guide. See,
< http://indiebandsurvivalguide.com/wiki/page/Original_Indie_Band_Survival_Guide >. Studying these guides will provide you with the necessary framework to intelligently discuss with your attorney the many legal relationships created between artist and label, artist and producer, producer and label, among the artists themselves, label and distributors, copyright owners and performing arts organizations, etc. Having a working knowledge of those relationships is mandatory for all who are on the business side of the industry (and is highly desirable for the artists as well).

Dear Alexandros:

I completely agree with Daniel's position and just wanted to add a few thoughts. Even if you had done everything legally correctly with the original singer (obtained a release, etc.) the label would likely bring legal action to block the distribution of the record. There is no quicker way to drain the limited resources of a start-up entertainment venture than to get tied up in litigation. Especially litigation where you can be out-spent and driven to bankruptcy. If you follow Daniel's advice and retain an intellectual property lawyer, the label is more likely to respond to that lawyer's correspondence and inquiry about rights and licenses. That lawyer will also be able to provide an action plan for you and your future business and provide guidance. While there are many "How-to" guides about the music industry, it is a complicated field and a little legal advice in the beginning goes a long way to getting yourself properly set up and protected. Good luck.

I cannot add anything to what has been stated but I have to point out that you have asked, in a very public space, if “you could get away with it.” If you think your posts here are protected in any way or that they are somehow anonymous you are mistaken - especially since you have signed your name. If you Google your name this question comes up second in the search.

Don’t risk your years of hard work. Good luck.