Album Artwork and Photography Usage in Virtaul Environment

[Karl Duvall]

Hello.

I hope someone can shed some light on my query.

I have been asked to produce a series of images that who a Liverpool Music themed Bar / Restaurant.

I need to show lots of reference to the Liveprool Music Scene, via artworks on the wall and images on screen around the internal space.

I will be producing the images in 3D Compyter software to create final static images. These images will then be used by my interior designer client to show their end user client what their concepst will look like once built in the real world.

The images maybe used to promote the concept, globally..

Can anyone advise if I need to source the copyright holders permission for every single asset I plan to use within the space?

Or as I am not altering the artwork in any way am I free to use the artwork?

All advice it greatly welcomed.

[AndyJ]

Hi Karl and welcome to the forum.

When you say 'I am not altering the artwork in any way' I am not clear whose artwork this is. If it is your own work created entirely from your own imagination as suggested by the words "producing the images in 3D Computer software" then you will already own the copyright and can do pretty much anything you want with it. At first reading I was wondering if you are planning on using some sort of AI generated imagery. However you go on to mention needing to obtain the copyright owner's permission, which suggests these might be images you have gathered in a sort of mood board. As long as the use of such images remains within the realm of private study and research you are probably protected from any claim by the exception found in section 29 of the Copyright Designs and Patents Act 1988. But that protection would fall away as soon as you started actually by putting the design concept into the real world because this would then amount to publication for a commercial purpose (even if it is only publication to just a few other people). Use of other people's images, such as photographs, of Liverpool's pop heritage would need permission from the copyright owners, or more likely, their agents. To simplify matters rather than licence each image individually, see if you can negotiate a blanket or bulk licence with a specific picture agency once you have discussed your requirements with them. There are many agencies which deal in photographs of celebrities who can arrange this for you. A good starting point might be the British Association of Picture Libraries and Agencies. This is going to be a significant expenditure for the project, and so it should form part of your pitch to the bar/restaurant owner.

[Karl Duvall]

Hi Andy.

Thanks for your in depth reply.

Essentially what I am looking to do is to source a library of Liverpool Music imagery, could be anything from The Beatles, to Elvis Costello to Cream Nightclub.

Then using this Library I will be creating an image to which will be used to gain planning approval for this new building fit out.

So there will be posters on the walls, a picture wall of old album covers, graphics on the wall of famous Liverpool Musicians. The two images we are creating will show you what the space will look like once it has been built. This will be promoted by the developer in local press releases and on their online social platforms.

We will not be editting the original artwork, I of course will be paid for creating my images, which are essentially like going into a gallery and taking a photo, as our images are photo real representations of future buildings.

Would my client to source permission from every record lable who owns this CR to the album artwork, or band name, or image represenation?

What a mine field if so...

thanks again for your swift reply.