Copyright question moving books to online business

Discussion in 'Legal Issues' started by middlemac, Apr 12, 2010.

  1. #1
    First post, thanks all.

    I'm the author of a number of published woodworking project books. Ownership of two of the books has now reverted to me by letter from the publisher. I am now building a website to market the individual plans from the books.

    My question is about clear ownership of the entire contents. On the title pages of the books I was listed as the copyright holder. The photographer and illustrator are only credited. They were originally paid a fee for each photo or illo by the publisher (e.g. $100) which I assume passed absolute ownership of the content to the publisher, and now back to me. I am in possession of the original illo's and slides.

    Am I free to use their content in this new endeavor? I'm happy to credit them on the website but would of course prefer to enjoy ownership and not pay fees for use.

    Thanks again!

    middlemac
     
    Last edited: Apr 12, 2010
    middlemac, Apr 12, 2010 IP
  2. tobycoke

    tobycoke Well-Known Member

    Messages:
    1,676
    Likes Received:
    76
    Best Answers:
    0
    Trophy Points:
    140
    #2
    My sister is an illustrator. You cannot assume that the photographer and illustrator gave up all their rights to the publisher. Depends what is in their contract. The contract could state that they get a 1 time fee and relinquish all rights, they could have given rights to that book only-not for any other use, and/or could be entitled to royalties - including from reprints. You will have to get a clear statement from the publisher - and/or contact the photographer & illustrator. It is common for illustrators to get royalties and have a contract as comprehensive and complicated as the writer's.
     
    Last edited: Apr 12, 2010
    tobycoke, Apr 12, 2010 IP
  3. middlemac

    middlemac Peon

    Messages:
    3
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #3
    Thanks tobycoke, crucial info.

    I have now asked the publisher for confirmation on the photographer's and illustrator's contractual agreements. If their contracts were as ruthless as mine was ;O they relenquished all rights.

    If they did, I'll still credit them on the new website. Just good business.

    middlemac
     
    middlemac, Apr 12, 2010 IP
  4. tobycoke

    tobycoke Well-Known Member

    Messages:
    1,676
    Likes Received:
    76
    Best Answers:
    0
    Trophy Points:
    140
    #4
    Negotiating a contract with a book publisher can be brutal and one sided - it's their money & risk. Glad to hear that you could get back ownership and publishing rights. The photographer & illustrator likely have contacts similar to yours.
     
    tobycoke, Apr 12, 2010 IP