Book covers in artistic photos

'Is it legal', 'can I do this' type questions and discussions.
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ophelieandthegirls
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Book covers in artistic photos

Post by ophelieandthegirls »

Hello!

I'm currently brainstorming on a concept for one of my next photoshoots, and I'd love to use my library's books as props.
I will be photographing a group of 4 girls who will be "reading" the books in all the photos. That's part of the concept.

In photo 1, the models will be wearing white outfits and "reading" books that have a white cover.
In photo 2, the models will be wearing yellow outfits and "reading" books that have a yellow cover.
In photo 3, the models will be wearing orange outfits and "reading" books that have an orange cover.
Etc etc.

All outfits will be identical, but each book will be different ie. no twice the same book. In other words, I would be using a LOT of books!
None of the books feature photos, simply a plain cover with its title.

For example, the white books that would be featured as props in the "white photo" include : "Good Vibes, Good Life" by Vex King, "Let's Talk About Loneliness" by Simone Heng, What Are You Doing With Your Life" by Jiddu Krishnamurti" and "Atomic Habits" by James Clear.

Side note : this photoshoot is purely for my own portfolio and to satisfy a vision I've had for a while – I'm not being commissioned by anyone!

First question ; am I allowed to use those books as props within my photography work without permission from the author and/or publisher?
Second ; if so, would I also be allowed to sell prints and postcards of my works to my audience once completed, without infringing on anyone's copyright?
Third ; if a magazine decides to share my works online and/or in print, would I then need to get permission from the author and/or publisher?

Thanks so much in advance for your help!
I hope this all makes sense.

Ophelie
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AndyJ
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Re: Book covers in artistic photos

Post by AndyJ »

Hi Ophelie and welcome to the forum.

There shouldn't be any copyright issues with your idea. Although you are deliberately selecting the books based on the colour of their covers, including them in a photograph would count as incidental inclusion since you would not be featuring any part of the work which would attract copyright. Titles, names of authors and blocks of colour on dust jackets are not usually protectable elements since they lack originality.

There is a second right known as Design Right which might conceivably apply to a book cover if it forms part of the brand identity of the publisher. I'm thinking of the distinctive appearance of the older Penguin books, or on a more modern note, the XXX for Dummies series. But design right would only apply if the design has been registered in the UK, and in most cases this won't have happened. In any case design right is really only intended to prevent the copying of the article covered by the design in a way that damages its economic value, for example by poaching sales for the item. Clearly, no one is going to purchase one of your photographs instead of buying a copy of a Mills and Boon novel.

On that basis I don't think you need to worry about either of these rights, and since your photographs are very unlikely to infringe anyone else's rights, you can publish them if you wish.
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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