Album Artwork copyright question

[woundedknee]

If anyone has previous experience with this, pleast let me know! I have images in mind I would like to use for an album I will self-producing (well, at discmakers) Pending that these parties who the pictures (drawings) belong to (one is an artist and the other picture belongs to a museum) agree to let me use them, do I need to have them sign a copyright release form?

I am a little confused here.

OR do they have ME sign a release form since they own the picture? I want to make sure im in the clear here and don't get into any trouble down the road. This will be an album that is sent out as a demo. As is, I won't be making any money on this so I won't be able to pay them anything and that needs to be in the contract, right?

So, if I do need to have them sign one, where can I get a pre-made template that will cover my ass.
Anything helps, thanks in advance fellas.

 

[RickW]

I don't know the legalities involved, but if you're planning to use work created or owned by someone else, you need their permission (which you already seem to know). I would just contact the rightful owners, tell them what you're doing and see if they agree. If they want compensation and you don't have a means of supplying it, then you can't use their artwork. I don't know if there's a clearing house for art as there is for music, but you should be able to look it up and find out. If there is, then most likely you'll have to pay...just as if someone recorded a cover song, they'd have to pay through Harry Fox. Even if you get permission from the personal owners, IF their work is represented by a clearing house, that clearing house may still warrant restitution because they're responsible for whatever product is in their catalog and it won't matter what the owner or creator grants.

Then again, I know of bands that have used artwork without permission figuring they're just little guys looking to sell a few CDs locally and nobody will know or care. That's quite a chance to take and I don't think I'd do it. They may not get taken to task for it, but the internet makes the world a lot smaller...not to mention how totally unethical it is.

So, check for clearing houses and contact the legal owners. You have nothing to lose and if you don't get permission, the worse that happens is you change your artwork.

If anyone has actual experience with this, or is a lawyer, I hope you get their advice. this is strictly my opinion (some from experience), so it doesn't stand on it's own. maybe I gave you something to think about. Maybe I'm way off base.

 

[Chili]

I agree with everything RickW said except I don't believe there is a single clearinghouse for artwork.

A quick Google search brought up this link which seems to have your answers.

http://www.photolaw.net/faq.html

Basically, a written letter stating the terms of your use is all that is needed. Nothing fancy.

Remember, this is US copyright law. It might be different in other countries.