Can I Use An Artist's Image/Photo On The Cover of My Magazine?
Elkins, WV |
I Have a Magazine That Does Stories On Musicians and Artists And I Wanted To Know if I Can Use a Living Bands/Artists Photo On The Cover Of My Magazine if I am Writing about Their New Album and My Options etc on them and where they are Headed?
Only if you acquire a license from the owner of the copyright in the photograph. And when you and your attorney discuss how to acquire that license you should also discuss whether you have a journalistic First Amendment right to show the images of the band members on your "magazine" or whether you must first license those person's "right of publicity."
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
No, you cannot with the express license from the copyright owner of the photograph, normally the photographer.
USPTO Registered Patent Attorney, Master of Intellectual Property law, MBA
I am neither your attorney, nor my answers or comments in AVVO.com create an attorney-client relationship with you. You may accept or disregard my free advice in AVVO.com at your own risk. I am a Patent Attorney, admitted to the USPTO and to the Florida Bar.
Not a good idea. As my colleague points out, you need a license to do so. The photo that you are referring to is a copyright that belongs to someone else. The converse of this would be a band that wants to use a photo that you took and published in your magazine as their album cover. Would you be ok with that? Probably not.
The answer to this question is for informational purposes only and does not form an attorney-client relationship.