Legal Question HELP!

[Unitus]

Okay. I think I'm fucked here but...

Alice Cooper is coming to Biloxi. His press kit included an 8x10 photo and a copy of his cd, Dragontown. The photography in the cd liner notes was more attractive than the 8x10, so I used a picture from the CD.

I altered the picture greatly (if that matters) and came up with a nice design. The posters are printed, other photographs from the CD have been used for newspaper ads, flyers and even billboards.

The dilema is here. I've been asked to include that poster in a certain book about rock posters about to be released, and trust me, I want to...BUT, I don't want the lable, design house or photographer from the CD to see this book and wonder where their cut is. Ya know? And, I don't want them to feel like they're being cheated.

I have no relationship with the lable, etc... and am cautious about bringing it up to them personally (ie: maybe it's just better if they don't know about it).

Also the photograhpher is a big league rock 'n' roll photographer, so the chances of him seeing the book are pretty good.

So, obviously I DON'T have the license for the pictures, but since the photograph was used to promote the artist/album, would it be okay to include this poster in that upcoming book--wich I also will not profit from?

Or should I just forget about it?

[Brendan Jordan]

Seems a little too risky.

[Unitus]

Originally Posted by Brendan Jordan

Seems a little too risky.

that's what i'm thinking...

[Unitus]

bibbity-bump.

anyone have any thoughts on this? frank?

[artboy]

Ok, you're not selling the image, you're not trying to take credit for the photo, it was made to promote an actual show which you had permission to do ( right )... So, as long as everyone is given credit and you acknowledge the record lables ownership, you shouldn't have any problems.
For the most part gigpostering in general isn't quite legal... we fall into the really gray area of © infringment laws anyway... so, I'd just let it ride.
It's not like they can sue you for being part of the documentation of poster art history..... right...anybody else...?

[Unitus]

that makes sense.

i just keep running "worst case scenarios" through my head. like: i get sued for use of a licensed photo i didn't have direct permission to use, the book get's a cease & decist order from the lable...

fuck. am i overthinking this? UG. i'm swaying on this...

[Unitus]

also, how in the fuck did frank get away with using all those hanna barberra characters?

[Unitus]

oh. and yes. i work in house for the venue that promoted the show. so it's a totally legit poster.

[artboy]

BALLS my friend, Big fat hairy balls... and because Hanna Barberra didn't want the Hells Angles ( one of Frank's customers... i've heard ) down there kicking their asses over a little irreverant flattery.

[artboy]

By the way... I like the poster and I'm sure Mr. Cooper does too... it makes him look like a bad ass instead of an old guy in makeup... No offence intended.