Copyright Aid Forum Index
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in   Main siteC A Main Site 

Using photographs of public places in children's book

 
   Copyright Aid Forum Index -> Copyright Law

Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law
View previous topic :: View next topic  
Author Message
onedearworld
New Member
New  Member


Joined: 11 Aug 2017
Posts: 3
Location: London

PostPosted: Fri Aug 11, 2017 10:40 am    Post subject: Using photographs of public places in children's book Reply with quote

Hi I'm a newbie here. I am working on a children's book and the main characters travel to iconic public places in London like the tube, London bus, the London Eye, Buckingham Palace, Southbank Centre to see the grafitti etc.

I am using photographs I took and some stock images under CC0 license and I wonder if I can use them in my book without getting property release (considering the freedom of Panorama)?

A few photos that bother me in particular are those with the London Eye, the London underground rondel inside the book and the Lonon bus image on the cover. Can I use them directly considering it as editorial use? or I could still use the images but need to modify/distort/blur them?

Having read many articles online, I am still unsure what I can and cannot do, so appreciate if anyone can help me out.

Thanks a lot!

Winnie
_________________
One Dear World - Multicultural dolls and storybook
www.onedearworld.com
Back to top
View user's profile Send private message
AndyJ
Oracle
Oracle


Joined: 29 Jan 2010
Posts: 1640

PostPosted: Fri Aug 11, 2017 8:12 pm    Post subject: Reply with quote

Hi Winnie,

There should not be much problem with what you want to do.

UK copyright law permits the making of graphical representations of buildings and works of art or sculpture which are situated in public spaces. It also allows the publication of such images, without infringing copyright. This would obviously cover any buildings, whether iconic or mundane, such as Buckingham Palace and the graffiti at the Southbank. The London Eye might also possibly qualify as an architectural work or possibly at a stretch, as a work of sculpture, and if so, it would be included in the exception. And if it wasn't, it would not be protected by copyright at all. London buses are not protected by copyright so can be freely photographed and published.

The most problematic bit is the London Transport roundel. The original (shown here) is now out of copyright, but it has been subtly altered many times over the years, and so, the current symbol probably qualifies for copyright protection. But more importantly, it is a registered trade mark, so you need to be very careful about how it is displayed in the book. If it appears in a photograph on a building or bus or train etc, then clearly the use is not infringing because no-one would understand that use to mean that you are selling goods which originated from Transport for London, and the use is merely incidental to displaying a normal London scene. The same applies to any other trade marks which might happen to appear in the backgound of any images you want to use, for example on advertising hoardings etc.

However, if you wanted to use the TfL roundel on its own or in a way which could possibly be interpreted as being in the course of trade, then it would be worth getting permission from TfL first. At the very least this latter use should be accompanied by a disclaimer acknowledging TfL's trade mark and making it clear that your book has no connection with, and is not an authorised publication by, TfL.

There is no defence in the UK arising from editorial use - this misconception probably came from American sources where this may be a permissable use of images etc of people which are otherwise protected in many states under Right of Publicity legislation. Similarly there is no need to blur or distort anything, as you should be covered in virtually all instances by Section 62, linked to above.
_________________
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Back to top
View user's profile Send private message
onedearworld
New Member
New  Member


Joined: 11 Aug 2017
Posts: 3
Location: London

PostPosted: Sun Aug 13, 2017 4:45 pm    Post subject: Using photographs of public places in children's book Reply with quote

Thank you Andy for your reply. From what you suggest, it's legal to include pictures of public places in book, but what is your opinion of including a picture of a business like a cafe or restaurant? Will you suggest me to make its name?
_________________
One Dear World - Multicultural dolls and storybook
www.onedearworld.com
Back to top
View user's profile Send private message
AndyJ
Oracle
Oracle


Joined: 29 Jan 2010
Posts: 1640

PostPosted: Sun Aug 13, 2017 10:16 pm    Post subject: Reply with quote

Hi again Winnie

The outward appearance of a business like a cafe or restaurant etc is normally not subject to copyright unless there is a fair degree of artistic workmanship in the decor or graphics. but this would also be covered by the section 62 exception mentioned in my earlier response. If the business has a registered trade mark visible on its exterior then this would not be infringed by just including it in a picture in a book. Infringement of trade marks only comes into play when a mark which is identical or quite similar to a registered mark is used in connection with products or services, particularly on trade packaging, advertising or point of sale displays such that the public would be mislead into thinking the goods on sale originated with the owner of the registered mark. There are several other conditions but I won't cover them here because they are not relevant to this question.

So long as you use any photographs which may contain trade marks in them just as illustrations for your story you will be fine. However, for example, if you wanted to name the book something like
"The Ivy Guide to London" along with a picture of the Ivy in Covent Garden, then you would be infringing the Ivy restaurant's trade mark.
_________________
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Back to top
View user's profile Send private message
onedearworld
New Member
New  Member


Joined: 11 Aug 2017
Posts: 3
Location: London

PostPosted: Mon Aug 14, 2017 9:11 am    Post subject: Reply with quote

Thank you Andy, that's really clear and helpful!
_________________
One Dear World - Multicultural dolls and storybook
www.onedearworld.com
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Copyright Aid Forum Index -> Copyright Law All times are GMT
Page 1 of 1
 

You must be logged in to post  Log inLog in
Want to join in? New members are always welcome  RegisterRegister & join the discussion

 

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum



This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Find out more here

Powered by phpBB © 2001, 2005 phpBB Group