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Question about doing a CD Layout

Posted: Thu Mar 11, 2010 3:11 pm
by Morbid
So I am working on Funeral Age's layout for the new CD, and they really want to use artwork from Francisco De Goya on all of the pages. Is this legal to just take them as long as you give the credit to him?

Posted: Thu Mar 11, 2010 4:33 pm
by Scott (S2C)
Since they are selling them (and possibly that doesn't even matter), just giving credit will not be enough.

To do it completely by the book, you would need to contact the artist or their representative (whoever owns the rights to the art, if anyone) and obtain written permission to use the piece for the specific task (ie pressing XX number CDs). Most times, that is enough, and then you just include a "used by permission" disclaimer and file the written permission along with the copyright paperwork.

If the art is considered public domain, I don't think the above applies, but I'm honestly not sure.

Sometimes the artist or rep will want a royalty paid of some kind for using the artwork, but most of the time they seem to be stoked to have the free publicity, same as musician's are with being on samplers or the like.

Hope that helps.

There are more music law savvy folks on here that could probably give you more details, but I think that's the short and skinny of it. :metal:

Posted: Thu Mar 11, 2010 11:01 pm
by Blake NWR
Scott nailed it. :cheers:

Posted: Thu Mar 11, 2010 11:05 pm
by Evil Red
I LOVE Goya! (almost bought a real Dali/Goya piece in Vegas!)

Sorry, no advice just agreeing with the artist choice. :cheers:

Posted: Thu Mar 11, 2010 11:14 pm
by Chris Slack
Since Goya has been dead for over 100 years there is a good chance that his body of work is in the public domain. A copyright lawyer would be a good person to contact to find out if that is indeed the case :)

Underground artists are often stoked just to have their work used on a CD but a famous painter like Goya (or whoever represents his estate) would probably just laugh IF copyright is still valid on his work.

Posted: Fri Mar 12, 2010 9:03 am
by PnDsCm
If anyone owns the copyright, many duplication houses won't even touch it for you. Discmakers in particular will vet artwork for copyright before it gets green lighted. Probably better just to use something that you own or have licensed if you don't know the ownership details behind it.

Posted: Sat Mar 13, 2010 11:27 am
by shadesofdarkness
So if you're doing the layout does that mean you're back in the band?

Posted: Sat Mar 13, 2010 4:28 pm
by Morbid
shadesofdarkness wrote:So if you're doing the layout does that mean you're back in the band?
No, we started it back in December and I told them I'd still finish it.

Posted: Sun Mar 14, 2010 9:24 pm
by SLAM TV
I wiki'd it John, and Goya appears to be in the public domain.

Posted: Sun Mar 14, 2010 9:44 pm
by Morbid
SLAM TV wrote:I wiki'd it John, and Goya appears to be in the public domain.
Alright, awesome, thank you for the info!

And everyone else, thanks for your input!

Posted: Wed Mar 17, 2010 8:08 pm
by Morbid
Ok... so I had to download some templates and redo it now. But before I restart... I forgot what color properties to use. CMYK or RGB?

Posted: Thu Mar 18, 2010 9:43 am
by Bloodiah
Cmyk

Posted: Fri Mar 19, 2010 6:27 pm
by Morbid
Does anyone know a good place/company that does CD layouts that is very reasonable on price and does a good job?

This layout is taking far to long and is far to strenuous for me to keep doing. Any input would be GREAT!

Posted: Sun Mar 21, 2010 10:58 am
by Angie Decay
You would have to get permission from the Artist or who has rights over the Artwork. Definately is not a legal thing to do.

Posted: Sun Mar 21, 2010 12:01 pm
by Angie Decay
That is if you are selling the CD for a profit and you are going to make any money on it. If you are just making the CD out to give away then you would not have to contact the Artist or person who has the rights to the art.

Posted: Mon Mar 22, 2010 8:57 am
by PnDsCm
Actually that's not quite true Angie. If you are duplicating someone's copyrighted work without permission it's in violation regardless of whether you are selling it. Again, a lot of places just won't do it.

Sorry about all that strenuous layout work John... make sure you drink plenty of water, eat right and get enough sleep.

Posted: Mon Mar 22, 2010 11:14 am
by Morbid
Thanks for the new info!

And yes PnDsCm, I've been trying to do all of that. The last few months have just been hell on both my physical and mental health due to this, didn't get a good night sleep until a few days ago and have been going to the doctors because I had no clue what's been going on... now that this is over I feel so much relieved... still have some stress issues since its been so long... but yeah.

Anyways, any layout person would be great!

Posted: Mon Mar 22, 2010 1:06 pm
by Adremelech
PnDsCm wrote:Actually that's not quite true Angie. If you are duplicating someone's copyrighted work without permission it's in violation regardless of whether you are selling it. Again, a lot of places just won't do it.

Sorry about all that strenuous layout work John... make sure you drink plenty of water, eat right and get enough sleep.
And don't forget to take time for a good wank to relieve the stress.

Posted: Mon Mar 22, 2010 1:22 pm
by PnDsCm
I'm having trouble living in this new post-ironic world...