Gee, I could write a book on this topic!
[Sorry.]
Where to begin – on the outside or the inside?
Since it’s a cold snowy day, we’ll start on the inside. Can you can read aloud from an author’s works in your project without requesting permission? To find out, start at one of these two fabulous websites that chart public domain status for you in North America. The first is for the U.S., the second for Canada:
“The Digital Copyright Slider” a helpful resource for determining public domain status in the U.S.
librarycopyright.net/resources/digitalslider/index.html (requires Flash)
“Copyright-Free Materials, or: Why Should I Learn About the Public Domain?” posted by the Scholarly Communications and Copyright Office of the University of British Columbia
copyright.ubc.ca/guidelines-and-resources/support-guides/public-domain/#Public_Domain_in_Canada
For showing the outside of the book, here are some questions to consider:
- Do you want to show a book that you picked up at a store, one that was produced by someone other than your art department? If so, check the copyright page. If it is recent then you’ll likely need to contact the publisher for permission to feature the copyrighted artwork on its cover. For older volumes, refer to the public domain charts noted above to determine if it might still be protected by copyright.
- Does art department want to make its own prop volume ? If so, are they dreaming up titles? We “clear” fake book titles fairly constantly so send them along for us to research. We’ll ensure that your title is either unique or common enough to use without identifying anything in particular. Ditto for author’s names.
- Does art department want to use an actual book title on a prop that they create? Titles cannot typically get copyright protection so there is nothing to prevent you from putting the words Gone With the Wind, for example, on a book of your own creation (used in conjunction with your own artwork and graphic design, of course). Unless you have a production lawyer who is 100% risk averse (they exist), that use would constitute a perfectly safe visual reference to the title of the famous 1939 book by Margaret Mitchell.
Here is an example (from a few years back) of how complex the correspondence can be when art department finds a gorgeous book at an antique store that they want to feature on-screen:
client: our production wants to use A 1949 publication of Little Women without the publishers name on the jacket. FYI The version of the novel we intend to use as a prop item has only text on the cover, no graphics.
eastern script: Alcott’s works are in the public domain (she died in 1888) so you could recite from her books without needing permission. And you are able to refer to the book and its author without needing permission, esp. since this author has been dead for many years. You also would not need permission to refer to the movie version and one of its prominent stars (Janet Leigh) if you’re not defaming anyone and what you’re saying is accurate.
If you’re quoting from the screenplay (1949 film) based on the book there could be copyright issues if the screenplay adaptation is not word-for-word from the book. Also (obviously) if you’re using any audio or video from the film.
re: showing the prop book, yes the publisher typically is copyright holder for any artwork on the outside of the book (on the spine/dust jacket etc.). technically speaking that would apply to their graphic design of the title words on the front cover (the font, placement on page, etc.) but in this case with a publisher you are having trouble locating (long since out of business?) I’d just run this one by production counsel to get what might well be a green light from him/her in terms of risk.
Least risky route of all is simply to create your own prop volume with the words “Little Women” (with or without author’s name) on it. No permission needed there.
First published January, 2016