Re: image of book jacket used to sell used book

On Mon, 24 Jul 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?

While under section 109(c) one is permitted to display a copy of the work, transmitting a copy of the image is not permitted. So, technically reproducing the cover for display on eBay also represents a reproduction and a transmission in addition to the narrow exemption in 109(c) which reads:

    ... "the owner of a particular copy lawfully made under this     title, or any person authorized by such owner, is entitled     without the authority of the copyright owner, to display that     copy publicly, either directly or by the projectio of no more     than one image at a time, to viewers present at the place     where the copy is located."

--
Lolly

%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%
Laura N. Gasaway, Director of the Law Library & Professor of Law
University of North Carolina, CB # 3385
Chapel Hill, NC   27599
Phone:  919-9621321
Fax:  919-962-1193
Email:  laura_gasaway[_at_]unc.edu
  http://www.unc.edu/~unclng/gasaway.htm
%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%