Can I use 'public domain' graphics free-of-charge for the cover of my written fiction...?

Question

...if I credit the artist of the images?
I'm writing a book (fiction) and I have found two images on the Internet that I believe would be 'eye-catching' marketing tools. Unfortunately, the artwork is currently being used by a music group for two of their album covers.
Where can I get info regarding copyrights and the payment due to the artists of same, as ruled on by Canadian business law?
(Sorry, two questions, but I don't want to see anyone (myself included) hurt by copyright infringement.)

Later Daze! =)
Trank

Answer 1

If they are truly public domain -- meaning there is no copyright on them because they have been released for public use -- then you can do anything you want with them -- with or without credit to the artist.

If they have been released under a Creative Commons license -- or some similar public-use license like the OGL or GPL -- then you can use the graphics subject to whatever conditions and restrictions exist in the license.

Anything else is copyrighted -- and you would need permission of the copyright holder. Contact the music group or the publishing company, find out who holds the copyright, and try to negotiate a license to use their artwork on your book.

Answer 2

I'm am unsure on this, but I think if it's public domain then you can do what you like with it. I assume this includes making profit from it - but it would be worth checking.

Why not contact the owner of the website where you found the images, or the person who posted the images on the site - and see what they say?

Answer 3

in my opinion, (dont know if that counts) public domain means just that.. its owned by the general public to use as the seefit, but, i would still say crediting the authour/ artist, would be in line with the general swing of things in the public domain.
i dont know if you could get legal action taken against you if you used, but not credited, that would be a grey area, as putting something in public domain is in effect saying , "you are free to use it", dont know if that would be leagaly binding.
but if you credit them for it, then i see no problem at all...

the band in question, would most probobly not own , or have bought rights to the images, as they are still in public domain.

p.s. if you do get legal action against you for it, i'd gladly be a witness for the defence :)

Answer 4

Public domain means it is OWNED by the public. Credit is nice.

You'd better make sure the statement of public domain ownership is accurate!!!


l8rz