This is, BY FAR, one of the most interesting questions we’ve ever received at WritersWeekly! 😉
My friend and I have been collecting (bleep!) pics that men have been sending to us by text. We want to make a coffee table book out of them. How would we go about doing this? Thank you for your response in advance!
I’m not an attorney so this isn’t legal advice. Please consult with an attorney concerning your specific copyright questions. That said…
The person who took each photo is, legally, the copyright owner of that photo. Unless you obtain a written, legal release from each copyright owner to use their photo in your book, you can’t use the pictures.
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By the way — since human males are all about the same with regard to the aforementioned body part, I seriously believe that, unless there is an identifying mark on said body part, it is unlikely that anyone can lay claim to this or that photo these people wish to publish.
If someone does step up and make the assertion that their photo was used (without permission), they are going to have to submit to a serious ‘show and tell’ examination.
Oh God! What pervert would want to have a book of only (bleep!) on their coffee table?!
I can just picture myself sitting in my executive adviser’s office — opening a picture book with nothing but (Bleep!) on every page – dropping my (bleep-ete-bleep) and loudly (Bleeping) across the room!
This article made me laugh so (bleeping) hard I cried!
I, too, am not an attorney, so this is simply my opinion, not a legal fact.
It seems to me, if you receive a text of an image and screenshot it, then you are using a facsimile of a photo, not the actual photo itself. And if you modify that in some way (cropping, for instance), then you should have the legal right to publish it. Where body parts come into play, your legal issue will likely involve the subject of the photo. If you are making money off of another person’s image, then you’ll need that person’s permission first.
Actually, that’s incorrect, Allen. If you use someone else’s image, you must request permission to use it, even to modify it. Remember the iconic Obama “Hope” poster (red, white and blue) that was splashed ALL over? The “artist” started with a photo owned by the Associated Press. Of course, the end product looked nothing like the original photo but that didn’t matter. He used someone else’s property without permission. Not only was that artist sued, but he was then also criminally charged for his actions after the face. The story is here: https://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster
Also, whether you plan to profit or not, you still can’t use other people’s creative works without permission.
Considered porn up here in Canada. The police would be most interested.