Q: Am I covered by the pastiche law if I include photos of out-of-print book covers in my short, independent film?

A: In California, the concept you're referring to is not "pastiche law" but rather the doctrine of "fair use." Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, commentary, news reporting, education, and research. Factors considered in fair use analysis include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for or value of the copyrighted work.

Using out-of-print book covers in a short film might be considered transformative, especially if you're using them in a new and creative way, such as for artistic or commentary purposes. However, the fact that the books are out-of-print does not automatically mean you're free to use the covers without risk. If you're looking to commercially distribute your film or achieve wide visibility through festivals, you might want to get legal clearance for any copyrighted content you incorporate, or at least a legal opinion on the risk involved.

For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

A: The use of copyrighted images, like book covers, can pose copyright infringement concerns. However, the doctrine of "fair use" under U.S. copyright law might offer protection if your use is transformative, non-commercial, or constitutes commentary or criticism.

Showcasing books in a "loving, nostalgic light" may be viewed as transformative. However, fair use is determined on a case-by-case basis considering factors such as the purpose of use, nature of the copyrighted work, amount used, and the effect on the market value. While submitting to festivals and online platforms, you may face scrutiny from these entities' legal teams. To ensure your use falls within fair use or to seek permissions, consulting directly with an attorney familiar with intellectual property rights is advised.