Can I Use Copyrighted Material in My Yearbook?

Understanding the Basics of Copyright Law

You may think you have some great ideas for your yearbook, but you have to consider whether you have the legal right to include certain things in your yearbook publication. That is why every yearbook staff member should be familiar with the basics of copyright law.

Copyright law protects photographs, advertisement designs, cartoon characters, and the authors of original literary, musical, dramatic works. The government established copyright law to reward and stimulate the creation of these works, and to encourage their use for public benefit.

A copyright protects the way in which a creator expresses his or her idea, but not the actual idea or facts behind the idea. For example, an event like a news conference cannot be copyrighted, but a reporter can copyright his or her article about the event. Copyright protection is unavailable for names, titles of books and movies, slogans and short advertising expressions.

Only the creator of a copyrighted work or the owner of a copyright is legally allowed to reproduce, display, distribute, or create variations of a work. Any unauthorized use of a copyrighted work is copyright infringement. Authors and designers can sue an unauthorized user in federal court for copyright infringement.

When is a work copyrighted?

A work is automatically copyrighted when it is completed or placed into a “fixed” form. For example, a photograph is copyrighted. A design or a literary work is copyrighted once it is placed on paper or saved on a computer. An original work does not have to be published to receive copyright protection.

A photograph, design work and literary work are examples of material that are automatically copyrighted when completed or placed into a “fixed” form.

How do I obtain permission to use copyrighted material?

If you decide that you must have Superman® on the cover of your school yearbook, you will need to find out who owns the copyright so you can contact the party to request permission to use the character. You should always contact the owner of the copyright to request written permission to use it in a specified manner. If you include a piece of copyrighted material in your yearbook without obtaining permission from the copyright owner, you can be sued for copyright infringement.

Remember, a copyright protects any original work that has been placed into a tangible form. Be sure to obtain permission before you include any of the following items in your yearbook or other student publication:

• photos clipped or scanned from newspapers or magazines;
• excerpts from books or magazines;
• cartoon characters or student drawings of a popular character (Mickey Mouse®, for example);
• photos of characters from movies or television;
• CD or cassette cover artwork;
• magazine cover artwork, logos or graphics;
• song lyrics, phrases or lines from songs;
• works of art (painting or literature, unless in public domain).

To obtain permission to reproduce a copyrighted item, you must contact the copyright owner. The copyright information on the item should contain the name of the copyright owner or the wording requested by the copyright owner when permission is granted to use the material. The following are hints for locating copyright information:

• Book: look on the title page or on the back of the title page
• Cartoon characters: see material or merchandise where the characters appear
• Photographs: look at the caption
• CDs or cassettes: look at the printed material with the disk or cassette

To obtain permission to reprint a work from a record company or a publishing company, the American Association of Publishers recommends writing to the permissions department of the company and supplying:

• the title, author or editor of the work and the date of publication;
• a photocopy of the work, if possible, or a description of exactly what is to be used;
• the number of copies that will be made;
• why the copied material will be used;
• whether the material will be sold;
• how the copied material will be distributed;
• how the material will be reprinted.

YearbookLife policy

If you are using something for your yearbook that is protected by copyright and you have obtained written permission from the owner to reproduce it, you will need to submit a photocopy of that proof of permission to YearbookLife with your pages. Much copyrighted material is not universally known. Ultimately, only you know whether the material in your yearbook is your own original work.

If YearbookLife happens to recognize copyrighted material for which proof of permission has not been furnished, we reserve the right to refuse to print it. If in doubt, check it out!

This is to protect both you and YearbookLife from possible copyright infringement and litigation resulting from infringement.

In conclusion Copyright law involves intangible, intellectual property. It is often complicated and can be interpreted in different ways by different individuals. If you plan to include anything in your yearbook that is not your own, such as a photo, a song lyric or a cartoon character, it is always best to consult the owner of the copyright.

Be sure to allow ample time when you are requesting permission to reproduce a work. It can take months to receive a reply and to negotiate with the copyright holder. YearbookLife always recommends that a school confer with its attorney prior to submitting material that may be copyrighted.