Re: image of book jacket used to sell used book

On Mon, Jul 24, 2000, Robert Smith <smithre[_at_]mail.ctsfw.edu> wrote:
>
> This question came to me:
>
> Someone owns a copy of a used book. They wish to sell it on Ebay.
> To do so, they propose to scan the jacket and make it a part of
> their listing.
>
> I'd advise they seek permission from the publisher to do this.
>
> Am I correct, or am I missing an obscure fair use principle?

By comparison, would displaying the same book cover in a shop window amount to a protected public performance or display of the work?

I might try to argue that the auction use is akin to a public display in a shop window -- not ordinarily protected, though in the case of the auction there is actual copying involved. The question here is intent of law and analog to new circumstance. Continued display of the cover after sale of the book might be considered infringing.

IANAL.

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