Photo in DC costume

'Is it legal', 'can I do this' type questions and discussions.
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Littlemantodo
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Photo in DC costume

Post by Littlemantodo »

I am writing a children’s book which is dedicated to someone who passed away. I would like to include a picture of them at the end in a Batman costume. Does this break copyright rules?

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AndyJ
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Re: Photo in DC costume

Post by AndyJ »

Hi Littlemantodo,

No, this doesn't represent a risk of copyright infringement. First of all, the costume would not be protected by copyright as it is a manufactured item and so does not qualify as a work of artistic craftsmandship in the that, say, a handmade prom dress might do. And secondly the costume is sold with the implicit knowledge of the licensors, DC Comics, that it will be worn and may be photographed.

The only copyright you need to consider is that in the photograph itself, which will belong to whoever took it. If that was you then there is no problem, but if it was a family member or friend for instance, make sure you get their permission to use the photo. It doesn't have to be in writing, but don't just assume that because you own a copy you can just go ahead and use it. If it is a photo by a professional photographer, for instance taken in a studio, then it would be sensible to get permission from them in writing.
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
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