I posted a question regarding the use of book covers on library websites and
was asked to then post a hit of the response(s). At this time, there is
still a conflict in what is happening out there, so take this with legal
advice....
One response was that written permission from the publisher to use book
covers was obtained for the use of the book covers on a library website.
This individual also stated that, no negative reviews of books were written
with a book cover that was placed on the website--- which makes sense if you
have a great book and want to promote it to students.
Another response was that book covers were used through Amazon.com and a
request was made to Amazon to use the book covers from their website to then
place on the library's website.
I did a quick review through the archives and found more responses to this
question from years past.
The question in the archive was in relation to scanning an image of the
cover from a book that was owned and then putting the image on the website.
http://askeric.org/plweb-cgi/fastweb?getdoc+listservs+LM_NET-1997+13113+5+wAAA+book%26covers
My understanding is that the publisher owns the rights to the book from
cover to cover---(this is based upon my own written contract with a
publisher that I'm working with right now for a book I'm writing). Amazon
does not own the rights to the books they promote or sale, they must also
work with the publishing company to obtain the rights to show the book on
their website. I don't believe that asking Amazon to use their digital
images of books they do not own copyrights to is a legal loop hole to use
the book covers on library websites. They can't legally give you permission
to use something that they don't own (which means they really aren't much
help if you do get into legal problems with the publisher).
Even though libraries promote the books and individuals may purchase the
books later for their own collections, I don't believe that we can overstep
the copyright law to use digital images without the publisher's permission.
(As a frustrating sidenote, I have spoken directly with one librarian (in
Texas) who was using these images on her library's website and I asked the
question about how she was able to get permission for the use of so many new
titles. She said she didn't get permission and "until the copyright police
came, they would stay on her website." )
So, not only am I a bit confused about how we are addressing this issue as
professional librarians, I am also concerned about what we are also teaching
our students when we preach copyright and "no cut and paste" but do it on
our websites. Has anyone used this example to explain to students how they
were able to use book covers legally on their library websites? I'm
thinking that if we set the example of using materials like book cover
images on our websites and students see it, then they believe that it is
okay to use other images in their own projects. (Could this be a teaching
moment?)
I have written to the Copyright Clearinghouse for more information regarding
the issue and have asked the cost, if any, to gain permission to place
covers of books on a library website with student reviews of the book. If I
hear from them, I will post their response.
(Is anyone else still confused? Me too.)
~Shonda Brisco
Trinity Valley MS / US Librarian
Fort Worth, TX
sbrisco021@charter.net
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