Can We Use Author Photos and Quotes?

Dear Rich: We're designing a website for our business, and are in need of some basic guidelines to avoid copyright and trademark violations. Specifically, can photos be used that show up in Google Image searches? Also, can I post a picture of an author and/or quote him/her? What about a company logo -- what is the least expensive way of creating one? We're looking for a little excitement today, so we'll answer your questions in reverse order.
Creating a logo inexpensively. Have you tried typing "create company logo" into your search engine of choice? You should find many businesses that advertise this service for under $50. Our caveat is to avoid using a logo that resembles a competitor's trademark. Learn more about trademarks here.
Can you post a picture of an author and/or quotation? The quote will be fine (read more here) but you may run into problems if the photo of the author is protected by copyright (see below).
Can photos be used that show up in Google Image searches? Copyright law -- we're going to assume you're not familiar with the principles -- enables the copyright owner (often the photographer) to stop others from using the image without permission. So, if you use an image that shows up in Google Image Search and it is protected by copyright, the owner can hassle you and possibly seek compensation for the unauthorized use. (You'll note that when you click on an image in Google Image Search, you may see the message "Images may be subject to copyright.") You don't need to ask permission for images that are in the public domain, a status achieved by old age (or related factors -- for example, if the copyright owner has dedicated the work to the public domain). Alternatively, the owner may retain ownership but permit commercial uses under a Creative Commons license (attribution is typically required). In either case, the rules are complex and often confusing. Some sites offer a wealth of public domain materials and others claim to offer "copyright-free" materials although the pedigree is sometimes difficult to verify. Usually the safest route is to pay for photos at a site such as istockphoto.com. For more specific information, we suggest you hop on your favorite search engine (or pick up our book on permissions).

Do I Register Book of Photos?

Dear Rich: I just created a small, self-published book of photographs to sell. I had previously registered with the Copyright Office all of the photographs in the book. Is there any reason for me to now register the book itself? Unless there's additional material such as text, illustrations, or a forward and you're concerned about someone stealing that, we can't see any reason to register the book of photos. As you may know, registration doesn't establish copyright (that's automatic), but it does provide you with additional benefits in the event that you're chasing an infringer. BTW, here's a video we prepared on how to register a group of photos.

Can We Use Yearbook Photos in Our Music Video?

Dear Rich: Our band has written and recorded a song that is about looking back at times past when it was "just you and me and some good old rock & roll." We are creating a lyrics video and have decided to use candid photos scanned out of high school yearbooks from the late 70s and early 80s. The photos will be altered with various effects to enhance the old, nostalgic look. Nonetheless, specific photos and faces will be recognizable. Obviously, the purpose of the video will be to promote the song and the band and, hopefully, drive sales. What kind of copyright problems are we facing? Who owns the rights to the photos? Do we have a fair use defense? The rights to the photos are most likely owned by the yearbook photographers. (We've addressed yearbook photo issues a few times before and this post discusses ownership.) The subject of the photo -- the high school student -- can only hassle you if you defame them or  invade their privacy or use the image in an ad or an endorsement (and we think a brief appearance in a music video is unlikely to trigger the right of publicity).
Fair use? We're not sure about your fair use defense; it all depends on whether your use of the photo could be considered transformative. Maybe ... but it really doesn't matter because as readers of this blog are aware, even when the experts claim it's a fair use, that often has little practical effect.
Bottom line dept. Are yearbook photographers from 30 and 40 years ago likely to see your video, recognize their photos, and complain? We think the chances are slim.

Wants to Use NYT Rotogravures

Library of Congress WWI Rotogravure Collection

Dear Rich: Could you tell me the copyright laws regarding the duplication of imagery from the Rotogravure pictorial section of the New York Times and other U.S. Papers dating from the 1910's to the 1940's. There is vast diversity of imagery from advertisements to images of the New York skyline, Gandhi and Presidents to day to day people. Is the paper covered by copyright? Can I retail the original images individually? Can I duplicate the images to retail. Is there a restriction on copying advertisements. Are there restrictions using the New York Times fonts? You can safely use rotogravures published before 1923 (public domain) and you may be able to use rotogravures published after 1923 (and before 1964) if the issues comprising the rotogravures weren't renewed (a statistical probability, considering that only 15% of works were renewed). You can most likely use pre-1940s advertisements as it is unlikely the companies that owned those ad copyrights will object, assuming the ads ever had copyright protection. (The ads wouldn't be protected under the NYT's copyright; they would only be protected if they had a separate copyright notice.) It's possible, but unlikely that you will risk a trademark claim for reproducing an old ad. So summing up, you can use a work if it is in the public domain (the rules are explained in this timeline) or if your use qualifies for a copyright exception -- such as fair use or under the first sale doctrine (for example, you cut up New York Times and sell it as wallpaper).  As for the New York Times font (Old English aka Blackletter), it's not subject to copyright protection but we would recommend against using the New York Times trademark, or the font, in conjunction with the promotion of your products. You want to avoid creating the impression that your products are endorsed by or associated with the New York Times.