CD Cover Art Copyright dilemma

[seeabove]

Does anyone offer CD art and design as part of their recording deal? I am recording a local pianist who performs lesser known classical pieces. The CD we are working on has songs with a mostly Caribbean influence. She found a picture she really likes for the cover... but it's a US Postal Stamp.

I told her her I won't use copyrighted images, but she says no one will ever know. I tend to agree, but we all know where that slippery slope of "no one will find out" leads too.

Has anyone ever dealt with this? I'm about to just hand her a CD-R and have her come up with the design. That's what I was hired for. I've been doing the design because she's a technology-impaired grandmother.

[WillMorgan]

Can you find out who the artist was and ask them for permission? Maybe it isn't licensed exclusively to the people.

[xonlocust]

have her go to gettyimages.com and find something she likes - i'm sure she will find something good and you can do it legally.

[DefD]

I told her her I won't use copyrighted images, but she says no one will ever know.

the only way no one will ever know is if the CDs never get into anyone's hands.
don't do it.

[psinglet]

For some great photos which appear to be free to use, have her check out a website called StockExchange:

www.sxc.hu

It appears this site is for amaueur to semiprofessional photographers. Read the licensing information yourself, but it reads to me that unless designated otherwise, the standard licensing covers CD covers, and it appears that most of the photos are totally royalty free. Here is a link to some of the "legal information" pages:

http://www.sxc.hu/info.phtml?f=help&s=8_1
http://www.sxc.hu/info.phtml?f=help&s=8_2

[seeabove]

Thanks for all the advice!

Anyways, she's going to try and get permission to use the image from the Post Office. I came up with a great explanation of why I was against it. "I'm not going to put someone else's music on the CD, and I'm not going to use someone else's art on the cover." Then I mentioned that this was a deal-breaker issue. I finally got my point across.

I'll check out those image sites this afternoon. Thanks again!

[hiddendriveways]

If the Post Office finds out and has a problem with it, I believe the issue will be hers, not yours. Just because you made it, doesn't really mean you'll get in trouble. She's the one taking a risk.

I may use an image on the cover of a record that isn't mine. I've tried other images, but the nicked image is still the best. I'm not too worried about it. I'm one dude who's having 1000 CDs made. I'm up for the risk. It's my own personal 8-Way Santa, but instead of naked hippies it's just a drawing of a building.

[Electricide]

look, if you have any ethics at all, you are in the wrong business entirely.

[joelpatterson]

look, if you have any ethics at all, you are in the wrong business entirely.

Can I get your permission to quote that?

[asw.3060]

you know, i had found an amazing photo on flickr.com. i contacted the photographer. gushed a bit about how perfect it would be for an album cover. and they gave me permission to use it as long as i give their name in the liner notes.

i find that the stock sites (istockphoto, getty etc.) are just that... STOCK. everything's pretty posed. and on flickr i was able to find something much more personal.

i saved money and got a better photo.

good luck.

-alex-

[standup]

Try iStockphoto, they're a mixture of pro and semi-pro photos, lots of good stuff, and they're CHEAP.

Read the usage terms, I haven't used iStock for a CD cover, there might be exclusions for resale.

[Freakmagnet451]

If the Post Office finds out and has a problem with it, I believe the issue will be hers, not yours. Just because you made it, doesn't really mean you'll get in trouble. She's the one taking a risk.

I may use an image on the cover of a record that isn't mine. I've tried other images, but the nicked image is still the best. I'm not too worried about it. I'm one dude who's having 1000 CDs made. I'm up for the risk. It's my own personal 8-Way Santa, but instead of naked hippies it's just a drawing of a building.

Cool, can I buy one of your CDs when it's done. I want to make a thousand copies of it and sell it to people I know. I doubt if you'll catch me, I am just one guy making a thousand copies. Sauce for the goose.

[hiddendriveways]

If the Post Office finds out and has a problem with it, I believe the issue will be hers, not yours. Just because you made it, doesn't really mean you'll get in trouble. She's the one taking a risk.

I may use an image on the cover of a record that isn't mine. I've tried other images, but the nicked image is still the best. I'm not too worried about it. I'm one dude who's having 1000 CDs made. I'm up for the risk. It's my own personal 8-Way Santa, but instead of naked hippies it's just a drawing of a building.

Cool, can I buy one of your CDs when it's done. I want to make a thousand copies of it and sell it to people I know. I doubt if you'll catch me, I am just one guy making a thousand copies. Sauce for the goose.

Goose, I hear you honking.

Of all the album covers through history that we have seen, don'cha think it's likely this sort of thing happens pretty often? Especially in the underground indie world? My sources say yes. According to your take on this, 94% of all indie rock album covers released from 1992 to this day are art stealing criminals. Do ya think Sebadoh got clearances for all of the images in the collage art on their albums?

Besides, in this day and age, it's the music fans who are truly ripping off art. A little thing called an MP3 and a file sharing program or two later and suddenly Joe and Jane Schmoe have no qualms about taking money directly out of the pocket of struggling musicians. Your scenario of making a 1000 copies and selling them isn't that far off. In fact, it'd be a lot easier to track down someone doing that, than to do anything about the millions of anonymous people stealing other people's hard earned, Tape Op instructed studio work. But, I digress.

I sent my master to the manfacturer on Monday afternoon. Fat's in the fire. And yes, totally buy my CD! I'll post the CD Baby link. Make 1000 copies too! I need to get the word out on the street.

[Freakmagnet451]

If the Post Office finds out and has a problem with it, I believe the issue will be hers, not yours. Just because you made it, doesn't really mean you'll get in trouble. She's the one taking a risk.

I may use an image on the cover of a record that isn't mine. I've tried other images, but the nicked image is still the best. I'm not too worried about it. I'm one dude who's having 1000 CDs made. I'm up for the risk. It's my own personal 8-Way Santa, but instead of naked hippies it's just a drawing of a building.

Cool, can I buy one of your CDs when it's done. I want to make a thousand copies of it and sell it to people I know. I doubt if you'll catch me, I am just one guy making a thousand copies. Sauce for the goose.

Goose, I hear you honking.

Of all the album covers through history that we have seen, don'cha think it's likely this sort of thing happens pretty often? Especially in the underground indie world? My sources say yes. According to your take on this, 94% of all indie rock album covers released from 1992 to this day are art stealing criminals. Do ya think Sebadoh got clearances for all of the images in the collage art on their albums?

Besides, in this day and age, it's the music fans who are truly ripping off art. A little thing called an MP3 and a file sharing program or two later and suddenly Joe and Jane Schmoe have no qualms about taking money directly out of the pocket of struggling musicians. Your scenario of making a 1000 copies and selling them isn't that far off. In fact, it'd be a lot easier to track down someone doing that, than to do anything about the millions of anonymous people stealing other people's hard earned, Tape Op instructed studio work. But, I digress.

I sent my master to the manfacturer on Monday afternoon. Fat's in the fire. And yes, totally buy my CD! I'll post the CD Baby link. Make 1000 copies too! I need to get the word out on the street.

Oh, I wouldn't give you credit. That would only be "kinda stealing". Everybody would think I did the entire thing. The "everybody else steals everything so I am gonna get my share" attitude is certainly taking the ethical high road, I must say. Well if it's OK in your world to steal visual art but not audio art I am glad I don't live there.

[hiddendriveways]

If the Post Office finds out and has a problem with it, I believe the issue will be hers, not yours. Just because you made it, doesn't really mean you'll get in trouble. She's the one taking a risk.

I may use an image on the cover of a record that isn't mine. I've tried other images, but the nicked image is still the best. I'm not too worried about it. I'm one dude who's having 1000 CDs made. I'm up for the risk. It's my own personal 8-Way Santa, but instead of naked hippies it's just a drawing of a building.

Cool, can I buy one of your CDs when it's done. I want to make a thousand copies of it and sell it to people I know. I doubt if you'll catch me, I am just one guy making a thousand copies. Sauce for the goose.

Goose, I hear you honking.

Of all the album covers through history that we have seen, don'cha think it's likely this sort of thing happens pretty often? Especially in the underground indie world? My sources say yes. According to your take on this, 94% of all indie rock album covers released from 1992 to this day are art stealing criminals. Do ya think Sebadoh got clearances for all of the images in the collage art on their albums?

Besides, in this day and age, it's the music fans who are truly ripping off art. A little thing called an MP3 and a file sharing program or two later and suddenly Joe and Jane Schmoe have no qualms about taking money directly out of the pocket of struggling musicians. Your scenario of making a 1000 copies and selling them isn't that far off. In fact, it'd be a lot easier to track down someone doing that, than to do anything about the millions of anonymous people stealing other people's hard earned, Tape Op instructed studio work. But, I digress.

I sent my master to the manfacturer on Monday afternoon. Fat's in the fire. And yes, totally buy my CD! I'll post the CD Baby link. Make 1000 copies too! I need to get the word out on the street.

Oh, I wouldn't give you credit. That would only be "kinda stealing". Everybody would think I did the entire thing. The "everybody else steals everything so I am gonna get my share" attitude is certainly taking the ethical high road, I must say. Well if it's OK in your world to steal visual art but not audio art I am glad I don't live there.

I chose my album cover art because it was the best looking thing I (or we ) could come up with. I didn't nick a contemporary visual artist's work. Believe it or not, I have deep respect for visual artists of all stripes. I hear your argument, and it's more altruistic than mine in electronic message board form, but, as concerns my actual album cover, the person who made the drawing of the building probably died 50 or more years ago. It had also been Xeroxed a million times, and I added to it, drawing in things to make it my own art - or a colaboration of sorts with this long forgotten image.

Call me a scoundrel if you like, but I just chose the best looking cover I could.