Copywrite images in EPK's: yes-yes or no-no ? at DVinfo.net

Ken Beals · March 15th, 2009, 06:51 PM

Am currently working on an EPK (electronic press kit) for a local Queensryche tribute band.

My main contact in the band wants to intro the epk video with images the original Musicians used during their Operation:Mindcrime concerts circa early 90's.

The band has some great photos of them performing along with a logo (The Ryche) which i was planning to use in the 15 sec. whiz-bang intro.

My concern is using copywrited images without permission. The contact feels that as long as they are not "selling" the epk , no problems with copywrite. why take the risk of legal issues ?

Any copywrite experts know if this is a yes-yes or a big no-no ?

thanks ~

K

here's link 2 their MySpace that has a rough cut clip of one song we'll use along with the Logo :
THE RYCHE on MySpace Music - Free Streaming MP3s, Pictures & Music Downloads

Richard Alvarez · March 15th, 2009, 06:59 PM

Strictly speaking, 'sales' has nothing to do with determining copyright infringement. You infringe when you copy. Period. Distribution just increases the damages. (Nobody 'sells' the images they post on Youtube, but they get pegged for infringement nonetheless)

Some might argue 'fair use' - some might laugh at that argument.

So yeah, if you don't have permission, then it's an infringement. Now comes the legal question of 'exposure'. What are the odds that you'll be sued for infringement? How comfortable are you with assuming that risk?

Ken Beals · March 15th, 2009, 07:16 PM

"So yeah, if you don't have permission, then it's an infringement. Now comes the legal question of 'exposure'. What are the odds that you'll be sued for infringement? How comfortable are you with assuming that risk?"

**************

I'm not comfortable at all actually. Interesting side note about this band....due to key people in their network they are a mere couple degrees of separation from the actual Queensryche band .... not good for the orig. band to see them as copywrite infringers...so to speak.

Thanks Richard for your response.

Adam Gold · March 15th, 2009, 10:11 PM

Copyright. Copyrighted. Not copywrited or copywritten.

It has nothing to do with writing, unless you're at an ad agency. Then I suppose it is copywriting, but that's a whole 'nother thing.

Ken Beals · March 15th, 2009, 11:13 PM

am usually pretty good at the spelling part and recall thinking it looked kinda funny....thanks for the spell check Adam.

Edward Phillips · March 16th, 2009, 10:33 AM

I really think a good motto to go by with copyright doubts is "guilty until proven innocent". Assume you are infringing until you can, without a shadow of a doubt, prove you have the rights to use something.

March 15th, 2009, 06:51 PM	#1
Ken Beals Regular Crew Join Date: Nov 2004 Location: Tempe, Az Posts: 172	Copywrite images in EPK's: yes-yes or no-no ? Am currently working on an EPK (electronic press kit) for a local Queensryche tribute band. My main contact in the band wants to intro the epk video with images the original Musicians used during their Operation:Mindcrime concerts circa early 90's. The band has some great photos of them performing along with a logo (The Ryche) which i was planning to use in the 15 sec. whiz-bang intro. My concern is using copywrited images without permission. The contact feels that as long as they are not "selling" the epk , no problems with copywrite. why take the risk of legal issues ? Any copywrite experts know if this is a yes-yes or a big no-no ? thanks ~ K here's link 2 their MySpace that has a rough cut clip of one song we'll use along with the Logo : THE RYCHE on MySpace Music - Free Streaming MP3s, Pictures & Music Downloads __________________ Mediocrity is a disease...

March 15th, 2009, 07:16 PM	#3
Ken Beals Regular Crew Join Date: Nov 2004 Location: Tempe, Az Posts: 172	"So yeah, if you don't have permission, then it's an infringement. Now comes the legal question of 'exposure'. What are the odds that you'll be sued for infringement? How comfortable are you with assuming that risk?" ************** I'm not comfortable at all actually. Interesting side note about this band....due to key people in their network they are a mere couple degrees of separation from the actual Queensryche band .... not good for the orig. band to see them as copywrite infringers...so to speak. Thanks Richard for your response. __________________ Mediocrity is a disease...

March 15th, 2009, 11:13 PM	#5
Ken Beals Regular Crew Join Date: Nov 2004 Location: Tempe, Az Posts: 172	am usually pretty good at the spelling part and recall thinking it looked kinda funny....thanks for the spell check Adam. __________________ Mediocrity is a disease... Last edited by Ken Beals; March 15th, 2009 at 11:49 PM.

March 15th, 2009, 06:59 PM	#2
Richard Alvarez Inner Circle Join Date: Sep 2002 Location: San Mateo, CA Posts: 3,840	Strictly speaking, 'sales' has nothing to do with determining copyright infringement. You infringe when you copy. Period. Distribution just increases the damages. (Nobody 'sells' the images they post on Youtube, but they get pegged for infringement nonetheless) Some might argue 'fair use' - some might laugh at that argument. So yeah, if you don't have permission, then it's an infringement. Now comes the legal question of 'exposure'. What are the odds that you'll be sued for infringement? How comfortable are you with assuming that risk?

March 15th, 2009, 10:11 PM	#4
Adam Gold Inner Circle Join Date: Jan 2007 Location: Woodinville, WA USA Posts: 3,467	Copyright. Copyrighted. Not copywrited or copywritten. It has nothing to do with writing, unless you're at an ad agency. Then I suppose it is copywriting, but that's a whole 'nother thing.

March 16th, 2009, 10:33 AM	#6
Edward Phillips Regular Crew Join Date: May 2008 Location: Memphis, TN Posts: 118	I really think a good motto to go by with copyright doubts is "guilty until proven innocent". Assume you are infringing until you can, without a shadow of a doubt, prove you have the rights to use something.