Are there rules on smashwords for how explicit a cover can be?

Sanzas

Hello!
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I've been trying to figure out what the rules are for covers. I totally get the "romance novel" cover concept. I'm not sure if you can go beyond that. Are there any guidelines? I looked all over smashwords but there isn't anything I saw that covered this. I thought I'd ask here since there are established authors etc.
 
Yes, they do have some guidelines here: https://www.smashwords.com/about/supportfaq#covers

But basically, it boils down to:
- jpg format
- no 3D covers
- file size can not be more than 15mb
- cover size should be around 1600 * 2560 pixels
- make sure you own the right to use the images. Don't just copy a picture online and use it because you might regret that a lot. I buy mine from Freepik or Depositphotos, but you can find some good free photos on those sites as well. Just make sure that you read all the Licence information that comes with the photo. Usually you are allowed to only buy a standard licence as long as you sell below 500 000 copies (which is hardly a problem, lol)
 
This is a rough I'm thinking about using. I understand the technical requirements. My question is whether this would be viable as a cover content wise. I would need to add the title collateral and so on. I own all the rights to this. BOOK COVER SMALL.jpg
 
Understand there's two sets of standards here when it comes to explicit. Selling just in the smashwords store has more wiggle room, but to be approved through premium(to see via SW on Barnes and Noble, Apple, Kobo and others) is stricter.

For example for SW only a thong or lingerie/bikini that shows a lot of a woman's ass is okay for SW as is bare breasts with the woman's hands, arms or something covering the nipples. But neither of those things will get through premium. Also a couple who appear to be engaged in sex, as in pretty much naked and very "o faced" is a fail in premium.

The image you posted won't make it with her ass bare like that.
 
This is a rough I'm thinking about using. I understand the technical requirements. My question is whether this would be viable as a cover content wise. I would need to add the title collateral and so on. I own all the rights to this.

At least some of that background looks like it might be AI-generated. If it is, you probably don't own the copyright. That doesn't necessarily stop you from using it as a cover (couldn't see anything in SW's rules about this) but it means anybody else could swipe it and use it on their own work.
 
At least some of that background looks like it might be AI-generated. If it is, you probably don't own the copyright. That doesn't necessarily stop you from using it as a cover (couldn't see anything in SW's rules about this) but it means anybody else could swipe it and use it on their own work.
That's correct--although I plan to do substantial modification of it. In any event, yeah: no one owns AI images (not sure about derivative works using them as a basis).
 
This is a rough I'm thinking about using. I understand the technical requirements. My question is whether this would be viable as a cover content wise. I would need to add the title collateral and so on. I own all the rights to this. View attachment 2217742
It's not a cover size. It won't translate as this in a Smashwords display. To the statement that no one owns an AI image, I'll bet someone owns this background photo. Maybe you, if you took the photo. The various elements of a composite photo can be/most likely are owned and copyrighted.
 
The image would be cropped and resized with the title / etc collateral. I'm aware of the technical requirements. Do you think someone owns the background image? How would that work?
 
The image would be cropped and resized with the title / etc collateral. I'm aware of the technical requirements. Do you think someone owns the background image? How would that work?
Currently anything AI generated is not eligible for copyright protection. It's not owned by anyone, and cannot be copyrighted. Essentially, anything created by an AI is public domain, and anyone can use it.

How that applies to derivative works, I can't say, you'd need to consult a copyright lawyer in your jurisdiction.

I know that Dall-E specifically notes the lack of copyright when you generate, and makes generated images available to download.
 
Currently anything AI generated is not eligible for copyright protection. It's not owned by anyone, and cannot be copyrighted. Essentially, anything created by an AI is public domain, and anyone can use it.

How that applies to derivative works, I can't say, you'd need to consult a copyright lawyer in your jurisdiction.
I suspect even a copyright lawyer is only going to be able to give an educated guess at this point. Presumably if there's enough human creative input on top of the AI-generated material, it eventually reaches a point where it can be considered a creative work protected by copyright, but until we have some precedents it's hard to know where a court would draw the line.

It's not a completely new question - David Bowie and other artists have used "cut-up" techniques including computer generation to create random lyrics, and some of the same questions about human authorship arise there. But I don't know if there have been any precedent-setting cases around those.
 
It's not a cover size. It won't translate as this in a Smashwords display. To the statement that no one owns an AI image, I'll bet someone owns this background photo. Maybe you, if you took the photo. The various elements of a composite photo can be/most likely are owned and copyrighted.
There is no "background photo". That's the AI-generated part. There are several tells if one knows what to look for.
 
There is no "background photo". That's the AI-generated part. There are several tells if one knows what to look for.
This is correct. It's also not a collage in the human sense (cut outs of existing images combined to make a new image). The image space (the spread of all possible images) is produced by ingesting and training a massive set of existing images--but those buildings or whatever never existed as themselves in any of the works.
 
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