Date: Wed, 11 Oct 2000 10:01:07 -0700
From: Rick Anderson <rickand_at_unr.edu>
Subject: RE: cover art in the OPAC
> From: Pamela Bluh [mailto:pbluh_at_umaryland.edu]
> Subject: cover art in the OPAC
> Is anyone currently using thumbnail GIFs of book jacket/cover
> art in their OPAC (ala Amazon.com). If so, how did you acquire permission
> to reproduce the artwork and from whom - jobber, publisher, artist?
While at UNCG I used thumbnail book jacket images (downloaded from the
Amazon and/or B&N sites) on our Featured Books page. I did not ask
permission to do so, not do I think anyone in a similar situation should.
Here's my thinking: it seems to me that this sort of behavior easily meets
the four-fold test for fair use. Because I believe that, I'm not about to
ask the publisher whether it agrees. If I do so, I perpetuate the dangerous
fallacy that copyright owners have the right to define fair use; in fact,
that definition is set by Congress. Unless I've entered into a contractual
agreement (like a license) that limits my rights further, I'm free to act
within the bounds of fair use, and I think that temporarily putting copies
of jacket images on my library's web site fits within those bounds.
Now, it sounds like you're talking about putting images permanently in the
OPAC, and that may be a bit different. But the legal principle is the same:
you don't need to (and, I believe, should not) consult with publishers on
issues of fair use. Decide for yourself whether this practice meets the
standard test for fair use, and then act on your judgment. If you need help
arriving at a decision, consult a copyright lawyer, but not the copyright
owner. Copyright grants the owner a defined set of rights; defining fair
use is not one of them.
-------------
Rick Anderson
Electronic Resources/Serials Coordinator
The University Libraries
University of Nevada, Reno
1664 No. Virginia St.
Reno, NV 89557
PH (775) 784-6500 x273
FX (775) 784-1328
rickand_at_unr.edu
Received on Sun Oct 22 2000 - 16:59:09 EDT