Need advice on using an image - Writers Forum

mayfletcher · 05-17-2006, 10:02 PM

Hi Everyone..I am a new member

I am writitng a children's book and had planned to use the image of my best friend's dog as the character. I would have someone draw the image from a photo. The dog died a year ago. I also wanted to use an actual photo of the dog on the back cover. My friend and I have had a falling out and she now tells me she refuses to allow me to use the dog's image at all. Can she do this? Is there a legal ramification there if I use it anyway. If so how can I get around this? is theer any way?
Thanks

crash · 05-18-2006, 06:24 AM

As an author, you'll probably get very little input on who illustrates your stories, or how they do it. I'd advise you to get yourself published first and then address this with your publisher or the illustrator, if they require your input.

Heid · 05-18-2006, 06:30 AM

I think it would be wise to respect your friend's wishes. I'm not sure if there are any legal rammifications involved but it is their photo of their dog.

Dookie · 05-18-2006, 08:32 AM

I'd be angry if you used a picture of my dog...if I had one.

mayfletcher · 05-18-2006, 09:04 AM

Here is the history. We grew up like sisters & she was given the dog as a pup and when the dog was just a couple of years old her and the dog lived with me. We raised the dog together then I moved away. We always referred to the dog as "ours" ....and I know yes it is bottom line HER dog.

RE. Photo: I do not have to use any photos, but what about just as a character drawing.

All the time I have talked about this she was happy and excited and wanted me to do it. She knew how important it was to me but now that we are no longer speaking she has told me 'No".

Note to crash - I am thinking about self-publishing

Dookie · 05-18-2006, 10:30 AM

Make up with your friend.

AdrienneW · 05-18-2006, 01:02 PM

Quote:

Originally Posted by mayfletcher

Hi Everyone..I am a new member

I am writitng a children's book and had planned to use the image of my best friend's dog as the character. I would have someone draw the image from a photo. The dog died a year ago. I also wanted to use an actual photo of the dog on the back cover. My friend and I have had a falling out and she now tells me she refuses to allow me to use the dog's image at all. Can she do this? Is there a legal ramification there if I use it anyway. If so how can I get around this? is theer any way?
Thanks

From what I understand...
If you took the pictures (photographs) and you drew the art work, they are yours to do with as you please. The dog is not a known person, a recognizable figure, and in the case of the drawings, those are origional art works that are the property of the person who made them 100%.

Mike C · 05-18-2006, 02:36 PM

If you took the picture, you can do what you want with it.

But can and should are two different things.

Use another picture. A dog is a dog... Why piss your friend off even more?

But as Crash says, if you publish conventionally, they'll probably toss your pictures and appoint their own illustrator.

mammamaia · 05-18-2006, 06:58 PM

ditto what mike said...

most children's pb publishers won't even allow you to submit illustrations, and say so in no uncertain terms, in their guidelines... but, if you are going to self-publish, you can of course use whatever you want, as long as the company printing your book goes along with it...

aside from whose photo it is, if the dog is legally hers but you're not using your friend's name or her dog's name, she'll have no legal leg to stand on, since whatever drawing ends up being used, it could be anyone's dog, right?...

that said, if you don't intend to submit to paying publishers, i hope you're doing the requisite research into self-publishing options and will go into it with your eyes [and your wallet] wide open... best of luck to you...

love and hugs, maia

mayfletcher · 05-19-2006, 08:24 AM

thanks all for your feedback and info