Re: image of book jacket used to sell used book

On Wed, 26 Jul 2000, Karsten M. Self <kmself[_at_]ix.netcom.com> wrote:
>
> On Mon, Jul 24, 2000, Robert Smith <smithre[_at_]mail.ctsfw.edu> wrote:
> >
> > 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.
> {...}
>
> 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.

1. Publishers' contracts with creators contributing to book jackets (designers, artists, photographers) include clauses licensing unlimited use for the promotion of the book itself. (In the UK and US they do, or should if everyone's sensible, at least.)
2. I really must get my head around the arguments on "exhaustion". Given (1) it seems at least plausible that the publisher's right to exercise this license is (loosely speaking) exhausted on sale of the book... but, as Robert says, *only* for the purposes of promoting the second (or later) sale.

> IANAL.
Me either.

--
Mike Holderness
http://www.poptel.org.uk/nuj/mike/
<mch[_at_]cix.compulink.co.uk>