Re: image of book jacket used to sell used book

On Wed, Jul 26, 2000, Karsten M. Self <kmself[_at_]ix.netcom.com> wrote:
>
> 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.

Am I missing something here? Generally the book cover is not included in the copyright of a book, although it can be copyrighted separately. But the lawyers here can correct us I am sure.

Eric Eldred
<eldred[_at_]eldritchpress.org> Received on Thu Jul 27 2000 - 13:11:18 GMT