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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The cover of a book we are about to publish shows the photo

Resolved Question:

The cover of a book we are about to publish shows the photo of a classroom in which there are tiny posters that have been downloaded from a UK teachers' websites, but they can barely be seen. The school has given us full permission to publish the photo on our book. Can there be a copyright issue?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Did the school produce the posters please?
Customer:

The school didn't produce the posters. The teachers downloaded them from the TES website where any teacher can upload materials they use themselves.

Customer:

So, the materials don't even belong to the website per their terms and conditions.

Customer:

My question is about the fact the posters appear at the back of the room, although tiny and barely readable or recognisable, would that constitute copyright infringement that to publish the book with this photograph on the cover?

Alex Watts :

I understand. in that case you are ok to use the shot.

Alex Watts :

This is because you are not taking a photo of the actual posters themselves. You are taking it of the classroom

Alex Watts :

Otherwise everyone that takes a photo with an Iphone in it would be in trouble!

Alex Watts :

So you can use the photo as the poster is not the main focus

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So, the fact of taking the photo of the classroom rather than the posters themselves makes any copyright regarding the posters totally irrelevant, right?

Alex Watts :

Indeed.

Alex Watts :

Otherwise as the example I gave everyone with an Iphone in shot would be in trouble!

Customer:

Same would apply for any photograph that would show children with posters in the background, the children being the main focus of the shot?

Alex Watts :

Yes

Customer:

So, as long as the posters are in the background of any photograph, and not the prime focus, their authors cannot claim any copyright?

Alex Watts :

That is right. Its not the main focus, yes

Customer:

Thank you very much for your help.

Alex Watts :

Can I clarify anything else for you?

Customer:

May I ask you a question? Do you give private consultancy as well, or only on Just Answer?

Alex Watts :

Sadly not, its against site rules.

Alex Watts :

I can do this through JA though

Customer:

oh ok.

Customer:

Is there a way to get to always ask you the questions?

Alex Watts :

Yes - start every question - FOR ALEX W and it comes to me

Alex Watts :

There are 3 Alex's on here confusingly.

Customer:

Do you also answer business related questions? (like, I just created a business and would need answers on different topics)

Alex Watts :

Yes I can help with that and if not I can always pass it onto someone that does

Customer:

OK. Thanks for your precious help Alex. Very much appreciated.

Alex Watts :

Happy to help - can I clarify anything else for you?

Customer:

No, that's it for today. Thanks a lot.

Customer:

Have a great evening.

Alex Watts :

Great. If I could ask you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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