[LM_NET] book covers - copyright question

[Carrie Russell <crussell@ALAWASH.ORG>]

I wanted to respond to this question because there seems to be a
tendency for people to believe that there are "yes" or "no" answers to
copyright questions, like the one submitted (below) about book covers.
There is nothing in the copyright law that will tell you whether using a
book cover image for publicity purposes to promote a reading program is
lawful.  So, there is no such provision in the copyright law that says
you can use one graphic for teaching but you cannot put the graphic on
the web.  What Bill refers to is a guideline.  Guidelines are not
created by the Congress, so they do not have the force and effect of the
law.  If one were sued for copyright infringement because they copied a
book cover to promote reading and made that book cover image available
on the web, the Court would rule on the case considering fair use (which
is in the law, section 107).  They would consider the four factors of
fair use to make their final decision - is this use infringing or not?
Moreover, publishers do not decide what is lawful or not.  They may have
an opinion but their opinion should not govern your behavior.  

I would argue that using the book cover as described below is a fair use
- no permission is required, and no fee should be paid to use the book
cover image.  This is my opinion.  Librarians need to understand how to
apply the four factors of fair use and make their own judgments.
Librarians represent the public that they serve and should make well
reasoned decisions in light of that.  This does not mean all uses of
works are not infringing - some uses are infringing, but I do believe
that librarians have a professional responsibility to understand the law
and recognize that there are exceptions in the law that Congress created
specifically for libraries and library users. 

Carrie

Carrie Russell
Director, Program on Public Access to Information
ALA Washington Office
 


Date:    Sat, 3 Jul 2010 22:18:03 +0000
From:    "William L. Katzenberger" <william.katzenberger@COMCAST.NET>
Subject: Re: GEN: Copyright Question

Elsa,=20



I took this out of Copyright Catechism: practical answers to everyday
schoo=
l dilemmas, 2005 p. 67=20



It would NOT, as you say, be fair use. Of course, you can always ask for
pe=
rmission. The publishers might agree since this promotes their material
and=
 they get the=C2=A0proceeds.=C2=A0 However, when you go to pg. 75
Displayin=
g Book covers on the web - You have the fair use right to make a copy of
ON=
E graphic from a book and retain that graphic for use in teaching.
However,=
 redistributing that graphic to the world (Internet) is NOT a fair use
righ=
t.=C2=A0 Soem publishers may not care, others do. But you do not get to
mak=
e that decision.=20



Good luck!=20



Bill=C2=A0=20











William L. Katzenberger=20
Media Specialist and Technology Coordinator=20
Dodge Park Elementary School=20
3401 Hubbard Rd=20
Landover, MD 20785=20

----- Original Message -----=20
From: "Elsa Trevino" <elsavt4@GMAIL.COM>=20
To: "LM NET" <LM_NET@LISTSERV.SYR.EDU>=20
Sent: Saturday, July 3, 2010 3:03:29 PM=20
Subject: [LM_NET] GEN: Copyright Question=20

(GEN)=20


Hi everybody. I need your help with a copyright question, please.=20

As part of promoting literacy in our school, I wanted to include the
facult=
y=20
and staff who read by printing and displaying a picture of the cover of
the=
=20
book they are reading (as a subtle way to entice students to ask about
the=
=20
books and talk about literature). However, I was told that this is
copyrigh=
t=20
infringement.=20

Is this true?=20


I thought this would be covered under the fair use law, but I was told
that=
=20
it isn't.=20


We *are *going to use this for educational purposes not for monetary=20
reasons. In fact, this may even help publishers, writers, etc.
because=20
interested people might even go out and buy the books.=20


What can I do? I thought maybe I could display along with the cover the
nam=
e=20
of the publisher and artist as a way to give credit to them and not
break=
=20
any copyright laws. What do you think?=20



Thank you.=20

Elsa Trevino, Librarian=20
Burges H.S., El Paso, TX=20
elsavt4@gmail.com=20

--------------------------------------------------------------------=20
Please note: All LM_NET postings are protected by copyright law.=20
=C2=A0=C2=A0You can prevent most e-mail filters from deleting LM_NET
postin=
gs=20
=C2=A0=C2=A0by adding LM_NET@LISTSERV.SYR.EDU to your e-mail address
book.=
=20
To change your LM_NET status, you send a message to:
listserv@listserv.syr.=
edu=20
In the message write EITHER:=20
1) SIGNOFF LM_NET=20
2) SET LM_NET NOMAIL=20
3) SET LM_NET MAIL=20
4) SET LM_NET DIGEST=20

=C2=A0* To contact an LM_NET Moderator:
=C2=A0LM_NET-request@listserv.syr.e=
du=20
=C2=A0* LM_NET Help & Information: http://lmnet.wordpress.com/=20
=C2=A0* LM_NET Archive: http://www.eduref.org/lm_net/archive/=20
=C2=A0* EL-Announce with LM_NET Select: http://lm-net.info/join.html=20
=C2=A0* LM_NET Supporters:
http://lmnet.wordpress.com/category/links/el-ann=
ounce/=20
=C2=A0* LM_NET Wiki: http://lmnet.wikispaces.com/=20

--------------------------------------------------------------------=20








William L. Katzenberger=20
Media Specialist and Technology Coordinator=20
Dodge Park Elementary School=20
3401 Hubbard Rd=20
Landover, MD 20785=20

----- Original Message -----=20
From: "Elsa Trevino" <elsavt4@GMAIL.COM>=20
To: "LM NET" <LM_NET@LISTSERV.SYR.EDU>=20
Sent: Saturday, July 3, 2010 3:03:29 PM=20
Subject: [LM_NET] GEN: Copyright Question=20

(GEN)=20


Hi everybody. I need your help with a copyright question, please.=20

As part of promoting literacy in our school, I wanted to include the
facult=
y=20
and staff who read by printing and displaying a picture of the cover of
the=
=20
book they are reading (as a subtle way to entice students to ask about
the=
=20
books and talk about literature). However, I was told that this is
copyrigh=
t=20
infringement.=20

Is this true?=20


I thought this would be covered under the fair use law, but I was told
that=
=20
it isn't.=20


We *are *going to use this for educational purposes not for monetary=20
reasons. In fact, this may even help publishers, writers, etc.
because=20
interested people might even go out and buy the books.=20


What can I do? I thought maybe I could display along with the cover the
nam=
e=20
of the publisher and artist as a way to give credit to them and not
break=
=20
any copyright laws. What do you think?=20



Thank you.=20

Elsa Trevino, Librarian=20
Burges H.S., El Paso, TX=20
elsavt4@gmail.com=20

--------------------------------------------------------------------=20
Please note: All LM_NET postings are protected by copyright law.=20
=C2=A0=C2=A0You can prevent most e-mail filters from deleting LM_NET
postin=
gs=20
=C2=A0=C2=A0by adding LM_NET@LISTSERV.SYR.EDU to your e-mail address
book.=
=20
To change your LM_NET status, you send a message to:
listserv@listserv.syr.=
edu=20
In the message write EITHER:=20
1) SIGNOFF LM_NET=20
2) SET LM_NET NOMAIL=20
3) SET LM_NET MAIL=20
4) SET LM_NET DIGEST=20

=C2=A0* To contact an LM_NET Moderator:
=C2=A0LM_NET-request@listserv.syr.e=
du=20
=C2=A0* LM_NET Help & Information: http://lmnet.wordpress.com/=20
=C2=A0* LM_NET Archive: http://www.eduref.org/lm_net/archive/=20
=C2=A0* EL-Announce with LM_NET Select: http://lm-net.info/join.html=20
=C2=A0* LM_NET Supporters:
http://lmnet.wordpress.com/category/links/el-ann=
ounce/=20
=C2=A0* LM_NET Wiki: http://lmnet.wikispaces.com/=20

--------------------------------------------------------------------=20

--------------------------------------------------------------------
Please note: All LM_NET postings are protected by copyright law.
  You can prevent most e-mail filters from deleting LM_NET postings
  by adding LM_NET@LISTSERV.SYR.EDU to your e-mail address book.
To change your LM_NET status, you send a message to:
listserv@listserv.syr.edu
In the message write EITHER:
1) SIGNOFF LM_NET
2) SET LM_NET NOMAIL
3) SET LM_NET MAIL
4) SET LM_NET DIGEST

 * To contact an LM_NET Moderator:  LM_NET-request@listserv.syr.edu
 * LM_NET Help & Information: http://lmnet.wordpress.com/
 * LM_NET Archive: http://www.eduref.org/lm_net/archive/
 * EL-Announce with LM_NET Select: http://lm-net.info/join.html
 * LM_NET Supporters:
http://lmnet.wordpress.com/category/links/el-announce/
 * LM_NET Wiki: http://lmnet.wikispaces.com/

--------------------------------------------------------------------

------------------------------

End of LM_NET Digest - 3 Jul 2010 to 4 Jul 2010 (#2010-964)
***********************************************************

--------------------------------------------------------------------
Please note: All LM_NET postings are protected by copyright law.
  You can prevent most e-mail filters from deleting LM_NET postings
  by adding LM_NET@LISTSERV.SYR.EDU to your e-mail address book.
To change your LM_NET status, you send a message to: listserv@listserv.syr.edu
In the message write EITHER:
1) SIGNOFF LM_NET
2) SET LM_NET NOMAIL
3) SET LM_NET MAIL
4) SET LM_NET DIGEST

 * To contact an LM_NET Moderator:  LM_NET-request@listserv.syr.edu
 * LM_NET Help & Information: http://lmnet.wordpress.com/
 * LM_NET Archive: http://www.eduref.org/lm_net/archive/
 * EL-Announce with LM_NET Select: http://lm-net.info/join.html
 * LM_NET Supporters: http://lmnet.wordpress.com/category/links/el-announce/
 * LM_NET Wiki: http://lmnet.wikispaces.com/

--------------------------------------------------------------------