How To Make A Book Cover - Part 2 - Legalities

The Basics Of How To Make 

A Book Cover - Legalities

Let us explore the legalities of making a book cover, shall we?

*You are 100% responsible for anything that you do. Though I try to cover in broad terms the legalities surrounding photo and image use, this article is by no means complete, nor foolproof. Exercise caution and common sense, as the law is ever changing. Do your own research surrounding legal terms and prohibitions in image and photo usage rights both domestic and international.

A book cover design consists of usually the following materials that require a license to purchase for commercial use:

1. Fonts (the lettering)
2. A photograph (may or may not be enhanced, or edited)
3. An illustration (a drawing or painting of people, animals, buildings, things, etc.)
4. A background (either solid color, photo, digital painting, blank, etc.)

So here are the things that usually must be purchased:

1. Fonts (each style of font is sold at different pricing)
2. Illustration images (some are pre-sold, some are custom made) 
3. Background image (unless you use a personal photo, or leave it blank)
4. The designer's time & labor costs

Consider your budget first.

Professional graphic designers already have a ready to go stock of photos, illustrations, images, clip art, vector art, fonts and brush styles they usually purchase on their own, for commercial uses. You can go and buy these things separately, but it is time consuming and can drive up price. As far as legal matters are concerned, yes, they are taught this stuff at whatever university they attended. They know to keep everything legit for the sake of their client. It does their reputation no good to put their clients in legal hot water.

When putting your book cover elements together, let your graphic designer choose the images and fonts since they already know what's in their arsenal. And if you don't like a particular image or font, speak up, and show them one you like, so they can swap it out. They can find the exact one and purchase a license for it, or another very closely similar. Trust me, you really don't want to look through 27 pages of art you cannot make up your mind on. Imagine doing that at a tattoo shop!
Especially if you're as indecisive as I am, then it becomes hours, and days of brain-scrambled tediousness. It's like, you go in having some idea, then come out with less than zero idea of what you wanted in the first place!

Example:
You buy a pretty font to use for the lettering. But you have no Photoshop or any other photo editing software to put it into.
Or you underestimated how complex Photoshop is to learn.
Or you realize how expensive the software is, and you did not calculate for it into your budget.
Or you change your mind, and another prettier font comes along, at $60.00 a pop. You yank your hair out of frustration.

Save yourselves the troubles, and let the professionals handle it.

On some occasions, if you want a certain look or effect, they'll ask you to consider downgrading, or they will buy the necessary tool to achieve it and pass the cost difference on to your total cost. It all depends what your needs/ wants are. Don't freak out! It may actually come out to something very affordable in the end. Price projection may not be as high as originally estimated, if you can both brainstorm a simpler vision of your idea.

I know what you're thinking...

'But I can take free images off the internet! Why pay for it? How is anybody gonna know?"

I Took An Image From The Internet, How Are They Gonna Find Me?

It's real easy to look through the internet to see where an artwork is posted without the creator's permission. Especially if it's been shared over the internet! 

All digital photos have what is 'Exif Data' and through it, it becomes easy to backtrack through the internet wherever that image is being promoted. See?

Don't attempt to steal. You will be found out! Thanks to simple data, anything posted to the internet can be traced back to the thieves source.
Here is a terrific example:

• https://improvephotography.com/1544/4-tools-to-find-who-is-stealing-your-photos/

Here are some examples on how to find an image all over the internet:

• https://support.google.com/websearch/answer/1325808?hl=en
• https://fstoppers.com/pictures/five-simple-tips-how-find-your-images-online-3272 
• https://fstoppers.com/pictures/google-image-search-helps-find-stolen-photos-and-lying-girlfriends-3284

This is not like downloading a really cool wallpaper for your computer's desktop. That's for personal use.
See, if you use that same wallpaper in any pursuit of a commercial transaction, you can face legal action, whether you profit or not.

Just because it's on the internet doesn't mean you can simply take it.

Can I get sued for using an image I didn't pay for?

Yes.
There are real life cases of litigation against businesses of whom their employees have taken copyrighted images and posted them as their own. 
Don't be stupid; just don't do it.

Here are some fine examples of legal screwups:

• http://blog.webcopyplus.com/2011/02/14/legal-lesson-learned-copywriter-pays-4000-for-10-photo/
•  https://www.contentfac.com/copyright-infringement-penalties-are-scary/
• https://www.diyphotography.net/retweeters-of-a-copyrighted-photo-just-got-sued/ 

Can I just take images from Google and use them?

No! Hell fucking no!

UNDERSTAND THE DIFFERENCE between Free and Royalty Free.

You will need to know this, to avoid getting sued. Or outed in public forums, which is much worse!

via GIPHY


Selling a book, is a commercial transaction. Anyone can argue you're doing it for money, fame, or some other form of compensation.

In the eyes of the law, this constitutes as a business dealing, even if you earned very little revenue from this theft.

You cannot grab images from Google and use them as you please. Many images are unique, copyrighted works, and owned by their copyright holders. Usually it's websites, photographers, artists, publishing houses, news sites, etc. but they've already hired designers to create these unique designs for them, so it becomes their property.

That's like taking a news image and using it on your blog that you've monetized, and later find out it's up on the CNN website or something. Whoops.

Don't steal other people's property!

What Is The Difference Between 

Free and Royalty Free?

 (this goes for photos, images, clip art, fonts, etc.)

Aaand, here we go.

 

Free means they don't charge you a price for the photos/ images. The person who created that photo/ image will put a notice next to that image informing the public it is FREE under very specific conditions. For example, a Creative Commons license next to the image, to let you know how it can be used. 

When it says FREE, it usually implies "FREE for personal use".

  Sometimes it's free to use in a promotional or commercial capacity, but you must put their name along with the image (attribution), and/ or supply a link back to their website. It should say somewhere on the webpage, or included as text in the free download.

They hold the right to charge royalties (if they wish) on each image you use, every single time it is used in a transaction. (And this is rare, btw)

(Imagine paying $.35 for every download or click of your book using a 'free' image. It adds up fast.)

Being the original copyright holder, they also reserve the right to issue DMCA take-down notices wherever you use that image/ photo, or a Cease-And-Desist letter from a lawyer, if these conditions are not met.Or even sue for punitive damages in civil court.

Royalty Free means you don't pay any royalties. But, you do pay an annual flat license, or subscription service, to use all of the stock photos/ images you want as many times as you need.

Beware: Licensing terms are very specific, so read carefully. They may give you full reign to use all over websites, books, pamphlets, but no permission to use in any merchandising. Always read the licensing terms.

Buying an annual license is the most popular, hassle-free option for many entrepreneurs.

(For example, you pay some online stock photo website a yearly fee of $65 or whatever they charge, and you can use ALL images as many as you want at no extra cost)

Can you imagine if you had to pay a royalty on an image on your website, every time somebody clicks on it? That could get expensive! 

That's why many customers usually buy yearly licenses from stock photo websites, to use an unlimited number of photos as often as they please. This is a much cheaper alternative in the long run.

Example: 
Shutterstock is a website that sells flat licenses for access to unlimited photos. Here is an example of their terms and limitations how you can use their images: 

• Standard License vs. Enhanced License 

• What does royalty-free mean? Is Shutterstock content free?

Please understand how this works. 

It's a legally tricky area, and you don't want to incur the wrath of a stock photo business sending you a cease-and-desist,from a mountain of lawyers.  Nor do you wish to piss off a scorned photographer, who probably legally registered their works with the copyright office in Washington, D.C. This entitles them to claim monetary damages in court against you. Especially if you have profited from their work. Did you make any amount of money on tee-shirt sales with stolen artwork? Whoops! That's a lawsuit!

 And yes, you can get subpoenaed for illegal use of another person's intellectual property.

Here is a website displaying 'free' commercial fonts. 
Each font shows next to it whether it's available for commercial purposes, or if the creator sells a license for it. I've downloaded some, and each folder contains the font and a "READ ME" text document that lays out the terms of licensing.

I already did it months ago. No one's busted me yet.

Ok stupid, here's something you haven't considered: The Digital Millenium Copyright Act.

The original copyright holder gets a hold of Google or some other search engine, informs them that you are holding their photo hostage over at www.Iamastupidthief.com/Istolephotos, and Google issues a strike against your website.

Google can penalize your website by removing it from their search results. That means ZERO visibility for your website; zero visibility through anything Google related. People cannot look you up. Maybe Bing does the same thing. If the offensive stolen material is still up on your site, you lose all the SEO you poured into your website this whole time. Your Google Analytics will probably show a huge decline in visitors, dropping your rating to the floor. Suddenly, advertisers drop you like a hot potato because your pages aren't converting, and your popularity rank is in the toilet.

Whoops!

Here is another scenario:
The copyright holder contacts your webhost, informs them you are in direct violation of the DMCA, and instead of asking you about the suspicious activity in question, they just shut down your website. And if you read their Terms Of Service, they are most likely in the right because you're theft is in direct violation of their service, and of the DMCA. Yeah, you're not getting a refund there pal.
Whoops!

 

Where To Find Free Photos

 I wrote this the other day, so take a look: https://onyxtowers.blogspot.com/2017/12/where-to-get-royalty-free-pics-stock.html

I don't recommend this for book covers, for one simple reason: 

• Images are FREE for everybody to use
• Everyone can use them
• But these images and photos are NOT retired! (surprise, surprise...your book cover photo is the same as another author's book cover photo)
  
• They will continue to stay up there, for anybody else to use!

If you want exclusivity, just purchase a license already! Don't be a cheapskate!

Why Is Using FREE Images And Photos Bad?

Because you risk the humiliation of using an image for your book cover, only to find it up on someone else' website. 
You don't know if that could be a p o r n site, or what. 
And what if that same image is used on a club pass, a party banner, a scammy website ad? It creates confusion, sending your audience to that scammy website. Think about it.They'll think you're involved.


I suppose it's great for your very first book, when you have absolutely no money to put into it. And you can swap out the book cover at any time, later on. In fact, I INSIST you swap out that cover as soon as possible! But do invest in a professional book cover immediately as you can procure the funds. 

To summarize: Get images (for book cover) that are both FREE and Royalty-Free. Make sure the license terms spell out word-for-word that you can use it for paper/print/publishing/pamphlet materials. Launch that book. As soon as you can make any kind of cash from book sales, purchase a license for a photo stock website and swap out that cover as fast as you can. Make it look professional.

For now, your broke butt needs to rush the product out to market fast.
So! 
Do get an image or photo that is BOTH free and royalty-free. 
Here is another method:

Free and Royalty Free Images on Google

Pro Tip: Always look for photos whose licenses have fallen into the public domain.

Example: Here is a photo website with clearly defined licensing terms: https://www.freeimages.com/license

Look for the following permissions attached to each photo:

• Free to use, royalty free, 
• Free to use in personal works, 
• Free to use in commercial works, 
• Free to use in personal works or commercial works with attribution,
• Free to use in multi media, 
• Free to modify,
• Creative Commons attributes (read up on the various licenses; see https://creativecommons.org/licenses/)
• Photos that have fallen exclusively into public domain. 
• Example 1: http://publicdomainarchive.com/free-stock-photos/ 
• Example 2: https://www.makeuseof.com/tag/6-free-websites-public-domain-images-free-stock-photos/

Photos posted online are not up for grabs. 

They are privately copyrighted works, and you should lay off. When there is licensing information next to a photo, it is usually to let people know the limitations of sharing or using that photo, be it for personal or commercial usage.
If there is no existing info, always assume it is off limits.
DO NOT STEAL. End of story.

 

I Don't Understand These Big Words You Just Said

Here is a good legalese-to-layman's terms write-up: https://blog.kenkaminesky.com/photography-copyright-and-the-law/

Always look for the limitations attached to each photo! All permissions vary! 

Each website broadly states their licensing terms of service, which you should always read before downloading.

This has been part 2 of my How To Make A Book Cover series. Hope you learned something valuable here today!

Here is part 1 of my How To Make A Book Cover series.

Next up is part 3! Services That Sell Ready-Made Book Covers.