Re: image of book jacket used to sell used book

On 07/26/2000, 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?

No. Under the first sale doctrine, sec. 109(c), the owner of a lawful copy of a copyrighted work can display that copy to members of the public who are present at the place where the copy is located. Display by means of transmission beyond the place where the copy is located is not be protected by the first sale doctrine.

Nonetheless, I think this would easily fall under fair use. Yes, you are making a digital copy of the cover of a copyrighted work; but it is for purposes of identifying the book that is being lawfully sold. Moreover, it helps the buyer judge the condition of the book. Using a copy in this manner is in furtherance of lawful activity and is in no way a substitute for a licensed transaction.

Tyler T. Ochoa
Associate Professor
Whittier Law School
<tochoa[_at_]law.whittier.edu> Received on Thu Jul 27 2000 - 19:23:08 GMT