Re: [LM_NET] Book Covers

[LIZANELL BOMAN <lizanellb@MSN.COM>]

I just wanted to chime in that I agree with Carrie.  To apply a couple of the four 
pillars of fair use:   

1:Your use of the book cover is not preventing the publisher or author from being 
able to make money on the book (although perhaps you could argue that you are 
infringing the illustrators right to sell the book cover image as a print or 
whatever royalty they may get from the book cover being sold?).  

2: It could be argued that you are using the entire work (in reference to the cover 
illustration obviously, not the title)  
which would be against fair use


So, two of the four pillars, two different possibilities, someone help me remember 
the other two pillars please?

Lizanell Boman
lizanellb@msn.com


> Date:    Mon, 12 Jul 2010 11:53:17 -0400
> From:    Carrie Russell <crussell@ALAWASH.ORG>
> Subject: book covers - copyright question
> 
> 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. =20
> 
> 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.=20
> 
> Carrie
> 
> Carrie Russell
> Director, Program on Public Access to Information
> ALA Washington Office
> =20

                                          
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