Hello, all,
I would like to thank everyone who took the time to address my question=
about copying the book cover of a book and putting it on a bulletin boa=
rd.
I have excerpted the answers I received below. It is longish. Short
answer was that it appears to meet the fair use tests and does not affe=
ct
the market of the intellectual property holder. However, I had one
resounding no and that is the last entry on the post and it is from
another country. I simply do not know the international implications o=
f
copyright tho I am aware that the US and other countries do have agreem=
ents
re this. I wish I could say this is a definitive answer - as a
consequence, I am going to write to several publishers and request thei=
r
opinions regarding this issue. Since I am not a school and do not do t=
his
myself, I will not get any one of you in trouble! I hope. If and when =
I
get those answers I will post a follow-up hit. Thanks again. Barbara
I saw your query on Lm-net and wanted to address it--providing the teac=
her
is not charging to view the posted image on the bulletin board it is le=
gal
as the image is being used in a promotional capacity (to promote the bo=
ok).
****
Please note, this is only legal if the cover is complete, if you use an=
image from the cover without using the whole cover, then it is a violat=
ion
of copyright.
*****
An educator using a book cover to promote the book and or reading is no=
t in
copyright violation. You are actually doing the publisher a favor by
advertising their books. If you made a copy and put it on the web - tha=
t
might be in violation. I've asked publishers for permission in that cas=
e.
There was an article in Nov (?), 2002 SLJ about this topic. I know I al=
ways
felt funny, too, but Peggy Sharpe in her "What's New in Children's
Literature" explained the legal action very well so I used copied cover=
s
for
a session at the International Reading Association convention.
****
It falls under "Fair Use" for the classroom. It's OK for a bulletin bo=
ard
but
cannot be put on the web without permission. Students can make up to 5=
0
copies and still be legal.
****
I should probably preface my copyright comments by a statement that I a=
m
not an attorney and am not providing legal advice.
Let's go through a series of questions:
Is the work protected by copyright? Yes.
What rights are implicated by this action? Reproduction and display
Is the use internal in a school (ie not posted on a public web site)? Y=
es.
Is the display in the context of face-to-face teaching activities in a
classroom or similar place devoted to education (addressing the display=
right under section 110)? I would argue that this is, but some may argu=
e
that a school library is s more public place and the display is for a
longer time than a single lesson. This also raises another question of
whether the copy has been
lawfully made.
=A7 110. Limitations on exclusive rights: Exemption of certain performa=
nces
and displays
Notwithstanding the provisions of section 106, the following are not
infringements of copyright:
(1) performance or display of a work by instructors or pupils in the co=
urse
of face-to-face teaching activities of a nonprofit educational institut=
ion,
in a classroom or similar place devoted to instruction, unless, in the =
case
of a motion picture or other audiovisual work, the performance, or the
display of individual images, is given by means of a copy that was not
lawfully made
under this title, and that the person responsible for the performance k=
new
or had reason to believe was not lawfully made;
Is this use fair use? Do the standard Fair Use of Educational Materials=
guidelines expressly address this kind of copying (addressing the
reproduction right under 107)? The guidelines do not specifically addre=
ss
this kind of copying, but certainly the spirit of the guidelines is in
accord with the proposed use. So let's go through the fair use question=
s:
What is the purpose? Use is for educational purpose.
What is the nature of the work? Fictional works tend to have greater
protection than factual works. But here is the copying of the cover so =
this
question may not be relevant.
What is the amount and substantiality of the portion used in relation t=
o
thw work as a whole? Not much at all and certainly not much of value in=
the
context of a whole book. However, it could be argued that if the cover =
has
specifically developed artistic elements that the cover itself should b=
e
considered a "whole."
What is the effect of the use upon the potential market for or value of=
the
copyrighted work? This use would likely actually benefit the potential
market for and value of the copyrighted work because it is promoting th=
e
book. It certainly does not harm the value.
=A7 107. Limitations on exclusive rights: Fair use38
Notwithstanding the provisions of sections 106 and 106A, the fair use o=
f a
copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for purpo=
ses
such as criticism, comment, news reporting, teaching (including multipl=
e
copies for classroom use), scholarship, or research, is not an infringe=
ment
of copyright. Indetermining whether the use made of a work in any
particular case is a fair use the factors to be considered shall includ=
e-
(1) the purpose and character of the use, including whether such use is=
of
a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to th=
e
copyrighted work as a whole; and
4) the effect of the use upon the potential market for or value of the
copyrighted work.
On balance this reproduction and display would appear to meet the fair =
use
standards. (But like I said, I am not giving legal advice.)
A "protection" of sorts would be a statement also posted on the board t=
hat
states something like "Materials posted on this board have been reprodu=
ced
under fair use standards. If there are questions or concerns, please
contact ____." This would be a good education for students and demonstr=
ate
good intent on the part of the librarian to follow what are unclear
standards. Also
document someplace the thinking process that has lead to a decision to
post. This also would demonstrate good intent.
******
Unless you get copyright clearance from the publisher who gets it from
the artist - the answer is no. Some illustrators will not allow their
work to be reproduced in any way.
*******
Barbara Wall
School Library System Coordinator
Orange-Ulster BOCES
Monroe, NY
bwall@ouboces.org
"Yesterday is not ours to recover, but tomorrow is ours to win or lose.=
"
--Lyndon B. Johnson
"Great spirits have always encountered violent opposition from mediocre=
minds."
-- Albert Einstein
=
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