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Old 08-16-2005, 10:22 PM
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Default What is the world coming to?

Posted By: davidcycleback

DJ, the issue is who owns the rights to an image, and if and under what conditions a book publiser can reprint it. A magazine or wire service might own the rights to an particular image, and not the photographer.

One copyright owner (a library for instance) might say "Sounds like a good book. You can use it for free," another might not let you and another might let you if you pay a fee. Some photographs may not have any rights attached so a publisher can use as he wishes. A writer could find many free images at the Library of Congress. So things are often done on a photo by photo basis.

For a book I once wrote I asked a famous photographer if I could use three of his photos, one for the cover, and he said I could. I asked him what was the charge and he said I could use them for free. I later by chance found out what the normal charge for the use of his images (plus, a cover image is a lot more expensive than the same image used inside), and realized how nice he was being ... For the same book, I asked another famous photographer if I could use one of her photos and she basically said, "No way."

It also is relevant how you are reprinting the image. While, without Topps' written permision, you can't make 1982 Topps Traded Cal Ripken T-shirts and sell them from your website, you can probably write an article about the 1982TT set for you local collector's club newsletter and include a picture of Cal's card. At least, Topps would probably have no objection to the use of the card in the article, while they would with you selling the shirts

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