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Well, there is that little notice in agate type, at the front of the book sometimes. You know, the one that says something like, "All characters and incidents herein are fiction. No real person or entity is intended."And there is the concept of the roman a cle -- the book where everybody is actually a real life person and it's a tell all behind a mask.
Finally, there is that pesky First Amendment...
I haven't seen the March 24, Castle. I'll need to queue it up. I agree that it's at least irresponsible to closely tie a fictional character/product/business to a real one. Although some people and products are so ubiquitous that attempting to turn them generic can take real diligence. I recently edited a passage where I referenced a character getting an upset stomach from 'advil' and realized I needed to change it to something generic. I wasn't attempting to slam any given product, it was a story device.
Brenda wrote: "Well, there is that little notice in agate type, at the front of the book sometimes. You know, the one that says something like, "All characters and incidents herein are fiction. No real person or ..."
Brenda wrote: "Well, there is that little notice in agate type, at the front of the book sometimes. You know, the one that says something like, "All characters and incidents herein are fiction. No real person or ..."
Yes there is that statement in the front of the book, but that and the first amendment does not relieve you of libel. Many people have been sued for making their book characters too close to the real person.
Richard Brawer
Brenda wrote: "Well, there is that little notice in agate type, at the front of the book sometimes. You know, the one that says something like, "All characters and incidents herein are fiction. No real person or ..."
Yes there is that statement in the front of the book, but that and the first amendment does not relieve you of libel. Many people have been sued for making their book characters too close to the real person.
Richard Brawer
This thread also has poked at some thing I have been wondering as of late. It isn't the name but what about all these covers for books. More importantly, from self published titles. I can't help wondering if recycled covers is not in some way very wrong. You have the models (which I can guess are not getting paid for the extra use of their image), the photographers, and most importantly any published book that currently first had that cover to beging with. What if the cover was recycled and used on a very controversal book or just a poorly written one. Would not the original author get hit with the effects of that like lower sales or bad reviews aimed at the wrong book? I just wondered if anyone else was thinking about this as well?.
Cozen wrote: "This thread also has poked at some thing I have been wondering as of late. It isn't the name but what about all these covers for books. More importantly, from self published titles. I can't help wo..."I wasn't aware that covers were being recycled. That's kind of weird. What's the benefit to the author? Simply an inexpensive cover?
Surely the expense. There are actually several book with exact covers on them with different titles. I even remembered reading a review stating that they had assumed the book was a part of that first series she read and liked so much. I can see Wattpad members using them because those stories are free by unpublished (not self published) writers and I really don't believe those recycled covers do too much damage (I could be wrong about that though). Deviant art members are a good source to use as long as the permission from the artist is ok' or they are in the know. But the ones I have seen (look in the Contemporary Genre for the bulk of it - but not the only ones to have them in it) are too professionally created. There is no doubt models were used. Also to note that these are not in reference to covers picturing the same cover models/couples in various poses. These covers are carbon copies of each other. Expense is one reason and perhaps they're unaware of any copy right violation. I am not sure myself, but that has been a nagging thought since I became a member of GRamazon.
Recycled covers: My publisher went out of business and returend all rights to their authors including the cover. I contacted Amazon and asked them if they take the book down when it is no longer available.
Here is their answer: “When a book page is created, it becomes a permanent page on Amazon.com that will remain even if the creator’s inventory sells out or the book is delisted.”
Which means the cover will still come up on Amazon if someone is searching for the book. Therefore, a book with a recycled cover will show up twice on amazon.
Richard Brawer
Here is their answer: “When a book page is created, it becomes a permanent page on Amazon.com that will remain even if the creator’s inventory sells out or the book is delisted.”
Which means the cover will still come up on Amazon if someone is searching for the book. Therefore, a book with a recycled cover will show up twice on amazon.
Richard Brawer
Cozen wrote: "Surely the expense. There are actually several book with exact covers on them with different titles. I even remembered reading a review stating that they had assumed the book was a part of that fir..."I'd be worried about reader confusion. It may not be a copyright violation. My photographer retains the copyright on my cover art. I have an exclusive license to use the photo for book covers. Maybe a 'pre-made' cover - since its cheap - doesn't have the same terms.
yeah but if someone could just pick the image the found on the internet and just copy pasted the image to desk top, then when publishing through the wonderful ease of Amazon, they can take that image and transfer it. I seen writers at Wattpad take their original image and when they come out as self publishers, they have the exact image for their covers. AND NO ONE... at Wattpad in their right mind would actually pay for a cover professional made. that is not what Wattpad is about.
Fallen Crest High by Tijan is an example of that
https://www.goodreads.com/topic/show/...There is a some what off topic about this issue. The thread is more of a game and not similar to my thoughts here.
Remember that the artist (in theory) has licensed the art to a publisher to use as a book cover. This license may or may not cover ebooks. You can easily find German books with cover art that is quite different from the American edition. But there is a reason, why there is a proverb about judging a book by its cover.
Yeah but how far could one author sue, or ask for fines on another author for using the image.Or...
A photographer come back and demand compensation from a self published author for the images used without permission. That seems to be a high risk probability for self published authors who just wouldn't know because Amazon is all hands in the money but no liability to anyone but themselves.
And as the law states... "Ignorantia juris non excusat" or "ignorantia legis neminem excusat" ignorance of the law is no excuse... and so forth
Some of those covers may be copyright-free or very cheap stock photos, although some of them may be in violation, and I have become aware that many people get a little confused about copyright.
Richard wrote: "For me the names the writers used for the big financial firm and its CEO in the Mon. March 24 Castle episode were very close to defamation. They used JP Harding for the company, and Jamie Berman fo..."The studios have lawyers to check out the names of characters and they do. We book authors are on our own.
Maybe I'm wrong about the whole thing. Maybe artist/photographers are simply unaware of what's going on. When thye sell those rights to a publishing company, maybe they don't simply see it because they don't know when a book belongs to a publishing house. They just aren't looking for it... yet. All they know is that they sold it to a company to use, not who in the company uses it for what.
So, when self pub comes and uses the images (because Amazon makes it so easy to do) the artist/publisher simply thinks that they are published by the company. It would have to be on their foremost mind to track all of it.
http://tavington.deviantart.com/journ...I clearly remember this from two years ago. I am a current member of Deviant art and it was in an uproaor over the stole art.
I feel they are similar in offences.
There was no doubt to me or anyone who follows the financial pages that they were referring to JP Morgan and its CEO James Dimon.
I think if an author did that in his book it's possible the author may get sued. You shouldn’t make a fictional person, especially one you are calling the antagonist, so close in name to the original person that readers will immediately associate with the real person. The same goes for a company name.
Richard Brawer
www.silklegacy.com