Can We Do a Book About the Rolling Stones?

Dear Rich: I am a small publisher with a writing background who wants to release an e-book covering the 50th anniversary of the Rolling Stones. I have asked many experts three questions: who is their favorite Rolling Stone? What is their favorite Rolling Stone song? and What is a memorable experience that they had regarding the Stones and their songs? I plan to publish the findings in a e-book and sell/release it for download. My questions are: (1) Do I have to ask the band's permission to release the book? (2) If the company decides to sell the book, do we have to compensate the Stones? (3) Am I okay to publish this if I dont include any copyrighted logos/materials etc in the publication? The Dear Rich Staff has decided that its favorite member of the Rolling Stones is Keith Richards because we loved his autobiography, he set the standard for all rock and roll guitar playing, and because if we find certain old pictures of him, he kind of reminds us of the way we wanted to look back in the day. (Of course, our second favorite Rolling Stone is Charlie Watts because he is the best dresser and drummer in rock and roll.) Our favorite Rolling Stones song is You've Got the Silver because Keef sings it but if you're looking for tracks that Mick sings, then it would be Wild Horses or Angie. Our most memorable and most depressing Rolling Stones experience was the so-called "Inflatable Penis" tour in 1975. We saw the show at Indiana University Convention Center and the setlist was awesome. But it was the first tour that the Stones used props on stage and we remember thinking at the time -- maybe it was the Hoosier audience, the awful sound mix, or maybe it was the sad use of the props -- that this was the end of rock and roll. And of course, we were correct about that.
Right, you had a question. If you don't use any copyrighted materials owned by the Stones -- lyrics, photographs, etc., --  then you won't need to ask permission or deal with compensation. If you do use some limited excerpts or clips, you may be able to excuse that use under fair use principles. For example,  under U.S copyright law, you can probably get away with thumbnail reproductions of album covers as a fair use. You're probably fine to use Rolling Stones logos and trademarks because your uses are strictly information/editorial and permissible under trademark law. However, we think you are best avoiding the use of of logos (such as the logo reproduced above) on the cover of the book as that may imply endorsement by the Stones.

Wants to Use Historical Photos in Book

Dear Rich,I have photos I want to use for a book I am writing. The photos were given to me by the photographers. As far as I know these photographs were never published. They photos were taken in various years including 1914, 1924, and 1965. The photographers are all now deceased. However, the people who gave me the photos were informed that I was writing a book about local history and were going to use the photos for research. Can I use these photos in my book? Do I need to try to contact the descendants of the photographers in order to get permission or can I just credit the source of the photographs? I also want to use a photo I found in a history book. The photo is a pre 1923 portrait of a local man. The caption for the photo reads “Courtesy of William B. Secrest, Fresno, California.” Secrest is the author of the book and owns the original photograph. Do I need to track down William Secrest or can I use the photo without permission since it is pre 1923? The history book was published in 2002. I would of course appropriately cite the photograph. We think you'll be okay to use all of the photos described, but it gets a little complicated.
The 1914, 1924, and 1965 photos. If the photos were never published and the photographers died before 1941, the works are in the public domain (Here's the official explanation). Otherwise, the unpublished photos will not become public domain until the author has been dead for 70 years. (Based on this rule, the 1965 photo could not be in the public domain.) Even though your one or more of your uses is likely to be unauthorized -- and an infringement --  we think that you will have a strong fair use argument, and we also think that the likelihood that the descendants of the photographer will learn of your use (or care) is slim. A commercial publisher may require that you indemnify the publisher if there is a problem. You may want to consult an attorney at that point.
As for the pre-1923 portrait. If the pre-1923 portrait was first published with authorization before 1923 it's in the public domain and you're free to use it. If it was first published after 1922 but before 1964, the photo is in the public domain if it wasn't renewed (and most were not). If the first publication was in 2002, and the author died before 1941, it is also in the public domain. (See, we told you it was complicated). As for the prolific California historian William B. Secrest, we think -- and we could be wrong -- that he owns the photo and lent it for use in the book. The "courtesy" he has extended is that he provided access to the photographic print. Was there a copyright notice associated with the publication in the 2002 book? That could also be indicative, though not decisive as to the photo's copyright status.

The Children of the Russian Rich

German photographer Anna Skladmann's portrait series features children of the new Russian elite. "They live in a secluded world," says Skladmann, who spent years befriending and photographing the little ones. "Their parents are attempting to make up for the Soviet times--they only want the best for their children. They receive private language lessons; they go swimming or play tennis. The lives of these children are very planned and regimented." This interview and these slideshow captions are fascinating.

P.S. The series reminds me of the riveting documentary Born Rich about American heirs and heiresses. (Have you seen it?)

What are your favorite books?

Recently I've been hunting for a new great book. Happily, I just stumbled upon the new website, What should I read next? You type in a book you like, and then it gives you recommendations of similar books.

My favorite book of all time is The History of Love, a novel about an old man remembering his love affair. It's so heartbreakingly beautiful that I underlined entire passages so I'd never forget them. At one point, I literally hugged the book as I read. What books do you love?

(Photo by Barca)

Father's Day gift guide

My darlings, I'd love to share a Father's Day gift guide in honor of all the amazing dads out there. First up: The exact sunglasses that worked for Steve McQueen, $310.
Duluth backpack, $135. (Get 10% off with the discount code THANKSDAD)
Dog collar bottle opener, $20. Now he can teach the dog to fetch a beer!
Wooden tie (for real), $34.
Two lobsters delivered to his door, $35.
Kiehl's Facial Fuel with sunscreen, $35, because you feel protective of him, too.
A sticker to make his iPhone look like a Leica camera, $9.
Artwork for his house, $20-$50. (P.S. I love the description of this boxing print.)
Lego Falling Water, $99.99, to make him feel like a kid again.
BBQ Fish basket, $18, for grilling perfectly crispy fish on the deck.
Desk blotter with twelve of his all-time favorite family photos, $29.99.
Chocolate sardines, $9.95, straight from France.
Striped camera strap, $138.
Bike glow safety light, $19, for midnight rides.
Luggage tag to inspire wanderlust.
A note telling him how much you love him, $4.50, since that's what he really wants anyway.

What are you going to get your dad? xo

P.S. More gift ideas for guys...

(Wooden tie via Honestly WTF; chocolates via Refinery 29)

Avocado popsicles

Yesterday we made our first batch of summer popsicles, and, inspired by the new popsicle cookbook Paletas, we made two awesome flavors: avocado (!) and Greek yogurt with blackberry.
The avocado popsicle was surprisingly sweet and refreshing...
...and the Greek yogurt with blackberry popsicle was creamy and tart.
Here are the recipes, if you'd like to try them out. Enjoy!

(Photos by our summer babysitter Sophie Mathewson, who just happens to be a photographer!)

Do you heart New York....or not so much?

Some people (read: New Yorkers) often get into a frenzy about how amazing New York is, but this new book takes the middleground. "New York is a pretty okay city!" they say, "Have you ever loved something, but also totally not loved it at the same time? Obviously, we realize that there are some cool elements to the place, like some statues and stuff, but we also recognize that New York just seems like kind of a hassle."
Hilarious.

P.S. Remember this?

Wants to Use Magazine Imagery in Book

Dear Rich: I am writing a book about an art technique using a national magazine. I can illustrate the process using the magazine without actually showing any of it's actual images, (see picture) but I must use the name as it is the only magazine that will work with this process. I have contacted the company and so far no one has been able to help me. The other product that I use has given me permission and is going so far as to help me promote the book because it will help them. This would also be the case with the magazine. I will be adding value rather than compromising it. I will list them in my sources. Would this be considered fair use? Do I need to have their permission to use their name? This reminds us of when our cousin Andrew used to paste rubber cement on a piece of wood and then apply rubber cement to a magazine picture and press them together after they dried (and I think he ran water over it until the paper washed off). He ended up with a piece of wood with an image on it, except you could see the wood grain, too. Kind of an old-timey look. He priced them at $50 or $100. We were about 13 at the time and that seemed a lot to charge for something you made with rubber cement. He told me, "If you don't charge a lot, people won't take it seriously." He was so young to know that.
Right, you had a question. We think you will be fine using the name of your magazine within your book. That's a trademark issue not a copyright issue and editorial uses of trademarks -- for example, talking about a magazine in a how-to book -- does not require permission. A conservative approach would also be to add a disclaimer at the front of the book to the effect that you and your publisher have no association with the magazine and that all rights in the magazine vest in the magazine owner. If you use imagery from the magazine, you'll trigger copyright issues and probably need permission either from the magazine or, if the magazine doesn't own the rights, from the photographer or designer who created the materials you're using. We think selective uses of the magazine in the context of a crafts project would likely be excused as a fair use since it is clearly a transformative use, but as Dear Rich readers know, fair use is just another word for a lawsuit, because that's often the only way you can prove fair use rights. As for the fact that your book adds value to the magazine, that may or may not be true, but it probably won't have much effect on your claim of fair use.

Children's book

Hilarious. For all you new parents out there. :)

(Via New York Magazine)

Birthday book

My lovelies, I wanted to share my dad's 60th birthday present (just because I'm so excited about it). I made him a hardcover photo book filled with snapshots from all stages of his life. It was so much fun looking through family shots and choosing favorites, including a few he had never seen! (How hilarious is his expression in his wedding photo, by the way?) When I gave it to him this past weekend, he was so touched and couldn't stop looking through it. It was one of those truly special life moments.

(P.S. I made the book through Pinhole Press, and the book felt beautiful, with silky paper and a linen cloth hardcover. This book is the exact one I choose, but there are a bunch of other lovely options. Would be amazing to make a wedding album, too, don't you think? xo)

Tina Fey's new book

Tina Fey's memoir, Bossypants, comes out today! She talks hilariously about her life, from her awkward childhood in Pennsylvania and one-sided college romance to her days at Saturday Night Live and near-fatal honeymoon. The reviews are raving, and I can't wait to read it, especially the chapter on juggling work and motherhood, a topic near and dear to my heart. Are you going to read it? (Also, thoughts on the cover?)

ADVANCE PRAISE FOR BOSSYPANTS:
"I hope that's not really the cover. That's really going to hurt sales." (Don Fey, Father of Tina Fey)
"Totally worth it." (Trees)

My favorite photo of Tina, from an American Express ad a while back:

Embroidered book covers

How breathtakingly gorgeous are these embroidered book covers by Jillian Tamaki? She made them for Penguin Books, and rumor has it that they'll be available this fall. SO beautiful. (I'm sure Jane Austen would have wholeheartedly approved. I love Emma's little freckles!)

P.S. More + amazing + book covers.

(By Jillian Tamaki, via Black Eiffel)

Jane Austen comic

Speaking of Jane Austen, here's a little comic. ;)

(By Kate Beaton, via Kat)