Re: Copyright Question

[jacqueb@xxxxxxxxxxxxx]

KASHMIRME@xxxxxxx wrote:
 
> Here is one for the lawyers on the list.  What are the copyright restrictions
> regarding the artwork that comes in the jewel cases of imports/bootlegs?

Hi,

You have more than one issue here. First, who knows who has the
copyright
on a bootleg CD insert. Usually the bootleggers would have used the
picture
illegally, so...

Please keep in mind with copyright issues that ignorance of the law is
NO
EXCUSE. You can't say, "well...I didn't know". 


>  All of the pictures from
> the 1970's Zep era shouldn't still have copyrights attached to them after all
> these years or do they?  

Emphatically, yes!!! If they were ever copyrighted in the '70's, they
certainly still 
have their copyright still attached to it (the time would not have run
yet).
 They have recently extended the copyright
dates to encompass a longer period of time (and it is also retroactive
for 
the years before the extention went into effect). Without looking, it's
some insane 
time period now (like 50 years or so) without re-registering the
copyright. Some
folks re-register their copyrights when they run out, so the period of
time can
go on and on.

 
For instance, I would not knowingly reproduce a picture (on a bootleg)
of a Neal Preston
photo without his permission. Even if the bootleg picture does not have
Neal Preston's copyright (because they used it illegally), if you used
Neal's picture in a book or on the net (from the bootleg), he could sue
you for copyright infringement.

The fines for infringement are stiff and ugly (we're talking like
$50,000
per infringement). Of course, there are some elements the owner would
have
to prove, but it's not worth the cost.

I know that you are probably only duplicating these for personal use,
but
if you weren't (and making some sort of profit) I'd be leery of doing
it.

Profit or no-profit, the owner always would have the right to bring you
to court and have his/her case heard. It's not worth it, trust me.

Of course, if you take a photo and "alter it" significantly, then you
can
get by with it. I'm sure you've seen pictures of the Mona Lisa with a 
mustache drawn on her :)?

Love,
Theolyn