Re: image of book jacket used to sell used book

On Mon, Jul 31, 2000, Laura N. Gasaway <laura_gasaway[_at_]unc.edu> wrote:
>
> 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."

I seem to remember that copyright of a book did not automatically include copyright of the cover or dust jacket. Has U.S. law been changed or is my recollection incorrect? Yes, it is true that the designer of the cover might retain copyright, but in the absence of notice how can we tell?

Eric Eldred
<eldred[_at_]eldritchpress.org> Received on Tue Aug 01 2000 - 16:43:11 GMT