Copyright Q&A for Independent Authors, Part 2: Avoiding Copyright Infringement

Wondering how to avoid copyright infringement in your self-published book? It’s all about understanding what you can and can’t do with someone else’s intellectual property without asking permission first.

This is part 2 of a two-part series about copyrights and intellectual property. (Part 1 explores how independent authors can protect their own books and prevent others from infringing on their rights.

(Note that we are not legal advisers. The information below consists of general information available from the US Copyright Office and other public resources. For advice specific to your unique situation, contact an intellectual property attorney.)

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Topics Covered in “Copyright Q&A, Part 2: How to Avoid Copyright Infringement”:

Can I use song lyrics in my book?
How can I find artwork to use in my book?
    License Material for Use
    Stick to Images in the Public Domain
    Commission New Artwork
What about using images of real people?
Do I have to worry about copyright infringement with fonts?
Self-Publish with Spoonbridge Press

Can I use song lyrics in my book?

Music has the power to tug at our emotions. It’s only natural that many authors want to channel that power to add depth and texture to their stories.

You may have heard that reproducing song lyrics falls under fair use, which allows copyrighted material to be used without permission in certain situations. You may also have heard that staying under a percentage of the song will keep you in the clear.

But unfortunately, fair use is tricky to apply because there are no hard-and-fast rules. Fair use is determined in court, on a case-by-case basis, after considering these factors:

• Why you used the work
• Whether the original work was fact or fiction
• Whether the market for the original work was not harmed
• Whether your use involved more of the original work than necessary

While you can draw useful guidelines from this, every case is different. Quoting excerpts from a history book is different from reproducing song lyrics in your own creative work.

Fair use is a minefield, and there are no guarantees. It is always best to get permission to use someone else’s work, including lyrics. (However, titles cannot be copyrighted, so go ahead and mention a song by name to set the mood and let the reader fill in the gaps!) As an independent author, you’re better off asking for permission or skipping the lyrics.

For more information on fair use, consider Memorable Lyrics without Paying a Fortune by Helen Sedwick and Jessica M. Brown. You can also consult the US Copyright Office’s Fair Use Index, a database that makes fair use more accessible and understandable to everyone, or its Fair Use FAQ. And, of course, contact a lawyer or legal advisor for help with your specific situation.

How can I find artwork to use in my book?

You might assume an image is free to use just because they found it on Google, but that’s frequently not the case. (And slapping a “no copyright infringement intended” notice on it isn’t the free pass many seem to think it is!)

If you’re concerned about how to avoid copyright infringement while using someone else’s artwork, you have a few options:

License Material for Use

From free clipart sites to premium stock image databases to free-for-conditional-use Creative Commons license, there are plenty of places to look when it comes to sourcing that perfect stock image for your book cover.

However, beware: some images may not be licensed for printing or may only allow a certain number of copies. Some sites may not verify that the person uploading the image actually has the rights to do so. And remember that most stock artwork is nonexclusive, which means there just might be other books out there using the same images.

So how can you avoid unintentional copyright infringement? Pay attention to the terms of the license for each image you’re considering, and stick to reputable stock photography sites that stand behind their rights to license the photography they offer. (Pro tip: a reverse image search can tell you if the image you want to use is gracing the cover of three other books in your genre!)

Stick to Images in the Public Domain

As a self-publisher, it’s your responsibility to verify that an image has been properly marked public domain. If someone else scanned it in, you may not have the rights to that scan. (They may not have had the right to scan it in the first place!)

Artistically, using public domain images limits you to a certain set of pictures. Some modern artists might contribute their works to the public domain. But for most historical pictures, copyright status depends on when a work was created and if the copyright was renewed. And if it’s an image of a real person, there are other considerations.

Commission New Artwork

Using original artwork in your book avoids potential copyright issues and gives your book a unique look and feel. Commissioning or creating new illustrations or photography for your book is the very best way to avoid copyright infringement.

The downside: Custom artwork isn’t cheap. But even if you’re not an artist yourself, original artwork doesn’t always have to break the bank. It all depends on the artist, their level of experience, and what sort of artwork you’re looking for.

(At Spoonbridge Press, we work with illustrators to provide one-of-a-kind artwork, tailored to an independent author’s budget and artistic vision.)

What about using images of real people?

You found a photograph that perfectly encapsulates the main character of your steamy romance novel. Luckily enough, it’s listed under a Creative Commons license. The license says you can modify it and use it in a commercial project like a book—you just have to attribute the original photographer. You should be all set to use that photo on your book cover. Right?

Not necessarily. The photographer may have given their permission for the image to be used in this way—but the subject of the image may not have. According to the Creative Commons FAQ:

“The licensor is not guaranteeing anything about the work, including whether she owns the copyright, has received permission to include third-party content within her work, or secured other rights such as through the use of model releases if a person’s image is used in the work.”

What does this mean for you? If you want to use an image of someone else for commercial purposes, make sure the photographer has a model release form on file. If they don’t, you have no way of knowing whether that model is OK with their image being used to sell your book, and that leaves you open to liability.

Do I have to worry about copyright infringement with fonts?

Fonts are another type of intellectual property, just like images,  which means any given font has usage guidelines. In most cases, you can’t just grab a font from the internet and use it however you like.

One tried-and-true place to source fonts is Adobe, where anyone with a Creative Cloud license (like your professional book designer) can use the full Adobe Fonts library of over 20,000 fonts for commercial projects:

“The fonts are licensed for embedding in any ebook format which protects the font data such as EPUB . . . You may also use the fonts to create print publications such as books.”

Learn more about Adobe fonts at https://helpx.adobe.com/fonts/using/font-licensing.html. 

Another place you (or your designer) might look for fonts is Google Fonts:

“All fonts are released under open source licenses. You can use them in any non-commercial or commercial project.”

Learn more at https://developers.google.com/fonts/faq.

Of course, not all fonts come from Adobe or Google. So what happens if you fall in love with a specific font that is only available through paid licensing? As a self-publisher, it is up to determine that the license terms include use in commercial projects, including print and electronic books, and to abide by the terms of that license. When in doubt, track down the creator of the font and ask!

(However, cover design is one thing, but when it comes to your books interior, there is no need to reinvent the wheel. You’ll typically want to stick with fonts that are tried and true, and also with clearly established usage guidelines. To learn more, take a look at ingramspark’s guidelines on the best fonts for books. Remember, when it comes to a book’s interior, readability is key!)