So i found a picture i wanna use for the cover of our cd...and i e-mailed the guy asking for his permission but he has responded in like 2 weeks...can i get away with it since he never said no? haha

Yes.

fair enough

no because where it is copyrighted you need permission from the creator of the work, just like a band using a sample...he can legally charge you for its usage and legally sue for not getting permission or paying for its usage

oh....good

well this dude needs to get off his ass and let me know what's up

while i'm at it...how much $$ is the average sound clip worth?

also...i edited the image and put some of my own shit in...does that change the rules?

Yes

you used his picture=you need his permission
even if you edit it..he may tell you that he doesn't like yer edits and say no
thing is..if he never replies to you...will he ever see the CD? if so...well he can sue you..so be careful

it does suck balls

...and defnasty is an ass

Just change it enough so theres no infringement.
I'm not sure how it works with pictures, but when it comes to guitar shapes, if your going to sell a guitar for money than there hasto be at least a 10% change in shape.

Also, if you do ask for his permission, and he sais yes his email may not be viewed as permission in a court depending on your state, you should probably get a written signed letter.

that's if he even replies...i think the e-mail addy i got may be outdated

Yeah whos going to see your shitty CD anyways?

lots of people

the guy might be away on a trip

or too depressed to check his e-mail

I suggest Googling his name to find out which galleries, agencies, other artists he's been associated with

SacreligionNLI said:

Have someone take responsibility for it that has nothing to lose. Everything in my band is my name and any samples I use or pictures I take are my responsibility and I am fully liable. Bring the lawsuits on because I don't have any money, property, etc. They can win their case, but they will not get paid.

SacreligionNLI said:

Aww come on, you had 4 days and that's the best comeback you could think of?

Anyway, what Niccolai said has no bearing... If a piece of art, a photo, an audio sample, etc. can be discerned in anyway in court to be someone else's property, you will be found guilty of infringement. If you change it totally beyond recognition, then there's little chance you could get nailed on that.

Do you really think you're going to sell enough copies of your cd to make it worth someone's while to sue you?
If yes, then get permission.
If no, just fucking use it.

When I was in AC we used to do tons of cover songs and never once did we get permission. It didn't bother Earache. We never got sued.
Unless you're planning on selling upwards of 100,000 cds, I really wouldn't worry about it. Suing you would be like swatting a fly with a Buick.

show the picture.

the number of sales you need, I believe, is 6,000.
with 6K record sales, CD with movie clips will come after you.

i'll just go about it legally i guess...chances are nothing will happen but if it does i'd hate to get fucked out of the little that i have

i could've come up with a better comeback in 4 days but i didn't see it til then...and didn't think it's worthy of one...if it was i would've said soemthing along the lines of "like i really care what some guy i've never seen before thinks about my cd that he hasn't heard yet"

this doesn't look as good as the big one but i'm lazy

the_reverend said:

We sold more than that.

that's cool looking, man.

what part is some other dude's pic? and where'd you get it?

i'm too lazy to read all that shit above.

haha...its from greylight.com the guy's name is edward hall(the picture is the skeleton thing with the ring around it and stars and lines and shapes in the middle...i just added the text and the red symbol behind "sacreligion")

oh and a lens flare behind everything in the center of it too

that's just what I was told...

oh the whole thing. well it's cool.

thanks man...

copyrighting sucks balls