Original Question:
Two copyright questions. 1. Can you post images of bookcovers copied from a source
such as Amazon.com
on a website as part of a classroom book review page?
2. Can you post podcasts on a website with children holding up an actual
book cover while they review the title?
I received many requests for a HIT
Responses are below. I left off names where requested and tried to eliminate
duplication of responses. I also posted the question to the ALA Copyright
Advisory. More responses can be found at the following link:
My thanks to everyone who gave this some thought and responded.
American Library Association Copyright advisory network
http://www.librarycopyright.net/
I don't know the answer to your questions, but in all honesty, I have already done
what you are asking about. I guess I just figured it would be kind of like
advertising for the book. How could they object to that. I didn't copy the image
from Amazon, but I scanned the book cover and made my own image. And on my web
site I have a picture of myself holding up a book. I can't see how there would be a
problem with that.
Marsha Redd
Librarian, Kelloggsville High School
Grand Rapids, MI
marsharedd@hotmail.com
*********
Have you tried searching the archives (http://www.eduref.org/lm_net/archive/)? I
think this question has come up a few times before, and a quick search for "book
covers" might give you some useful feedback. (At a glance, it looks like the answer
is no: if you're planning to make a website open to the world - then you need
permission; if it's for a school project that only the school will see, it might be
okay...)
Bekah Vickers
LMS Student
Fort Worth, TX
rlv0037@unt.edu
**********
The answer to both those questions is "maybe." Remember that a copyright fair use
assessment is highly fact specific, and tiny differences in details may swing the
pendulum in the other direction. On #1, if the review is of the graphic, sure.
That would be commentary of the item being copied and distributed. If the review is
of the book, the answer is "maybe." It all depends on if a court would find the
graphic of the cover, done by someone apart from the author, would be considered
material subject to criticism. The nonprofit use is in your favor, but not deciding
of itself. The use of the image isn't really transformative -- you aren't doing
anything to the image, and you aren't even talking about the image. So that's a
toss up. Add to that you are distributing the image to the world, you are using all
of the image, and the image is creative. Courts of late have put great stock in the
fact that simple licensing is available to address the fourth factor. Syndetic
Systems licenses book cover images for use on web pages and OPACs, so a court might
take that into consideration, as well. You would be in better shape if the image
were just mounted for a brief time -- 1-2 weeks, perhaps.
On the second one, are you talking about vodcasts or podcasts? Podcasts (audio
only) wouldn't matter at all. Vodcasts (video and sound) would be pretty much the
same as the above. The fact that they are not having an image of the graphic would
certainly weigh in your favor there -- it's just an incidental part of the video. I
doubt that anyone would do a Vanna White and hold the book the entire time they
were speaking. A short shot at the beginning to show the book, then set it down and
talk would be much more defensible than a tight shot on the cover with just voice
over by the students.
***********
Okay, I'll give a crack.
Can you post images of bookcovers copied from a source such as Amazon.com?
No, not on a public website. If you were using it in a powerpoint or something in
school, you could use the images. You might want to email Amazon and ask them for
permission.
2. Can you post podcasts on a website with children holding up an actual book cover
while they review the title?
I think you could do this if you don't mention the student's name or show their
face.
**********
I don't know the answer, but there is a way to simply link to Amazon's content to
add the link to the picture to your page and actually make Amazon's picture show up
without downloading it to your site. I don't remember how to do it, but you should
be able to search for instructions on the web or in an html book.
Another thought for your site - are you familiar with LibraryThing.com? It's a
free (up to 100 books, and you can remove old ones to stay under 100) book review
site that puts pictures and reviews up. My school's
page is at http://www.librarything.com/catalog.php?view=JohnBapst
I'd recommend you use display style D or our suggested style to see what it's
capable of doing.
Good luck.
Cynthia Lutz
John Bapst Memorial High School
100 Broadway Bangor, Maine 04401
clutz@johnbapst.org
*********
1. From all sources, we are finding that this is probably not a good idea.
Sure, you are promoting the book and increasing sales. But, it is an infringement.
2. GO FOR IT.
R. Jean Gustafson
Teacher/Librarian
Selah Jr. High
Selah, WA 98942
jeangustafson@selah.k12.wa.us
·*********
I am not an expert, but my understanding is that Amazon allows you to use their
book cover scans on your website as long as they link back to Amazon. We use a
widget from Library Thing on our website
(http://www.fcps.edu/LutherJacksonMS/library/library.html) that shows a random
selection of our newer books using Amazon covers and, while I don't have any
agreement with Amazon, I have heard Tim Spalding, the founder of Library Thing,
discuss this.
On the second question, my understanding of the law says there is nothing that
prevents you from doing this. But I am less sure of the reasoning behind it.
Hope this helps.
---Bob.
/* Bob Hassett, Head Librarian */
/* Luther Jackson Middle School (081) */
/* 3020 Gallows Road */
/* Falls Church, Virginia 22042 */
/* (703) 204-8133 */
/* Bob.Hassett@fcps.edu */
/************************************************/
1. If it were me--I'd hyperlink to the original art on the other page rather than
copying/re-posting. Your rights are different when providing a hyperlink to another
image. You do run the risk that your source will move or delete your hyperlink.
(I've never had this happen, though.) If you hyperlink--you're {providing access
to} rather than {using}
2. I earnestly believe that this would be fair use for purposes of review. It would
be different if they students were reading the book on the podcast and showing all
of the pictures. Usage for review is fairly wide.
Disclaimer:
I'm not a lawyer and I don't even play one on TV.
Harry
Harry F. Coffill
hcoffill@egrps.org
Media Center Specialist
East Grand Rapids Middle School
Drama Department
East Grand Rapids High School
Diane Strumello
Media Coordinator
Milford Public Schools
70 West River Street
Milford, CT 06460
203-783-3441
dstrumello@milforded.org
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