fair use / copyright issues with old vinyl LP record cover art

[WhatCheer]

What is the name of your state (only U.S. law)? rhode island

hello - i have been approached by a small publisher about putting together a book of old vinyl LP record covers with specific kinds of cover artwork. most are from the 1950s and '60s, but some newer. i wonder if i need to seek permission to use my photos of these album covers, or if they fall under fair use? they're all of a specific subject matter that would be of interest to some book buyers. it's not a lucrative publishing thing, but more to get our collection out there for people to enjoy it.

 

[FlyingRon]

You most certainly do. Two things:

1. This doesn't sound like fair use at all. Fair use covers limited transformative, review or education commentary. This doesn't sound like the case at all.
2. Fair use is something you raise as an affirmative defense AFTER you've been sued so you'd be foolish to rely on it too heavily.

Note while you may consider the album cover to be a minor part of the entire album, most likely the cover art is a WORK unto itself, and while the record publisher may have permission to reproduce it for the album purposes, they may not have the rights to delegate those rights to other uses such as yours.

 

[quincy]

What is the name of your state (only U.S. law)? rhode island

hello - i have been approached by a small publisher about putting together a book of old vinyl LP record covers with specific kinds of cover artwork. most are from the 1950s and '60s, but some newer. i wonder if i need to seek permission to use my photos of these album covers, or if they fall under fair use? they're all of a specific subject matter that would be of interest to some book buyers. it's not a lucrative publishing thing, but more to get our collection out there for people to enjoy it.

I agree with FlyingRon. The album cover art is copyrighted and you would need permission from every one of the copyright holders to reproduce the covers for a book.

Your photographs of the album covers are derivative works and making derivatives of an original work is an exclusive right of the copyright holder.

Your photographs on their own, in other words, infringe on the rights of the copyright holder.