can covers of best sellers be legally scanned and mounted to use in book displays?
Dates: 2/24/05,6:45 PM through 2/25/05,12:10 PM (3 postings)
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can covers of best sellers be legally scanned and mounted to use in book displays?
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FROM: gplreadersadvisor readeradvisor <[removed]@yahoo.com>
REC'D: 2/24/05, 6:45 PM
Carole Brown
Greensboro Public Library Gso, NC
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FROM: "Bookbitch" <[removed]@yahoo.com>
REC'D: 2/24/05, 9:30 PM
Stacy Alesi
Library Name *Censored*
Boca Raton, Florida
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FROM: "Rhonda Jessup" <[removed]@whitbylibrary.on.ca>
REC'D: 2/25/05, 12:10 PM
Libraries often use scans of book covers to promote reading
I would like to scan the covers of attractive books, print the scans,
and use the resulting posters to publicize new and seasonal books, and
"good reads." For example, the cover design of Harry Potter and the
Sorcerer's Stone (Scholastic/Arthur Levine, 1 999) is protected by
copyright, but if I have purchased the book for the library, is it OK to
announce its availability by posting an image of the book in my display
area?
Holly Wolf
Librarian, Palmyra-Macedon High School, Palmyra, NY
Let's assume that the book covers in question are copyrighted and the
publisher holds the copyright to the cover designs. We know that
reproducing copyrighted material, such as book covers, and publicly
displaying those copies without the consent of the copyright holder are
infringements of copyright. But, do we have to ask permission to promote
reading in the library? I don't think so, at least, not yet. Since the
ultimate purpose of the copyright law is to "advance the progress of
science and useful arts" in order to benefit the public, the law carves
out numerous exceptions to ensure that copyright holders never have
complete control over their works.
One of the major exceptions to the copyright holder's exclusive rights
is "fair use." Fair use is the right to use works in a reasonable manner
without the prior consent of the copyright holder. There is no
black-and-white formula for determining fair use. Instead, librarians
must use solid professional judgment. When making a decision, it is
helpful to consider the four factors of fair use that are outlined in
the copyright law. Those factors are: (1) purpose of the use; (2) nature
of the material; (3) amount of the material; and (4) effect on the
market for the work.
In this situation, the librarian wants to use the copyrighted material
for nonprofit, educational purposes. She has lawfully acquired the Harry
Potter book and is promoting it to readers and potential Harry Potter
fans. The effect on the market is a positive one. Nonetheless, the
situation is complicated because the work is highly creative in
nature--book covers can be works of arts in themselves and creative
materials are considered more copyright-worthy--and the entire cover is
being used. But I would argue that the display of book cover copies is
lawful. In addition, the law is in part understood within the context of
actual custom. If the posting of book covers in libraries for
promotional purposes is commonplace and is consistently practiced by
libraries across the country, the practice in effect influences how the
law is interpreted. Since courts base copyright infringement decisions
on "the facts of the case," consistent practices like book cover
displays become understood as more reasonable.
Rhonda Jessup
Whitby Public Library
Whitby, ON, Canada
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