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    Book Covers...
    Someone smarter than I am, can you answer this question for me

    Do Bookcovers and cover'art' fall under fair use as far as copyright goes? Or whatever the term is...

    I know there are some lawyer like people out there. I am not sure why I assumed this so I could just be pulling it out of my ass. I don't have time to search it right now but will later.

    I wondered because of this. I haven't read the whole post or the one that set the chick off, nor can I say I read the epublisher. But that is because the books I have bothered to look up were sounded stupid not because the owner sounds like a moron.

    Which I am not saying she is, well not until I have time to sit down and read the posts. Of course one would *think* my opinion (or karens) would mean shit in the grand scheme of things.

    But hey, it's my blog and I will say what I want. And if someone could answer the above for me I would love ya. Excuse me I am off to grab covers to snark the shit out of finish cleaning before I go to work and my mom gets here.
    1. Fair use protection extends to ANY expression of an idea that is copyrighted, including cover art. I don't know if it is a law per se, but I believe that a thumbnail image that is 125 x 125 is considered to have no intrinsic value and therefore is considered a) fair use and b) not infringing.

      But, under the fair use doctrine, I think it is reasonable to use the cover image in conjunction with a review.

      By Anonymous Jane, at 6/19/2006 12:54:00 PM  

    2. That wasn't a review. It was an attack referencing donkey balls.

      By Anonymous Anonymous, at 6/19/2006 01:31:00 PM  

    3. Yes I was wondering more along the lines of the snark a la bam and smart bitches than reviews

      By Blogger sybil, at 6/19/2006 02:06:00 PM  

    4. so cover reviews would be ok...

      By Blogger sybil, at 6/19/2006 02:08:00 PM  

    5. Cover art - regardless of its size - can be used without its copyright owner's permission, providing that it's used in context of or to accompany critical commentary [which does include 'reviews'].

      In other words the copyright owner has to prove that the person didn't provide critical commentary. Once proven, the owner can demand it to be forcibly removed.

      Karen did provide critical commentary [well, in Karen's style, anyway!], therefore she's off the hook.

      Only times that the owner can demand the removal is when a person AMENDS the cover itself to fit in with the critical commentary.

      Jane's comment seems to stem from legal issues over 'thumbnails', e.g. Kelly v. Arriba?

      All my comments are based on what I read about US copyright laws and cover art and design, though.

      By Anonymous Maili, at 6/19/2006 02:12:00 PM  

    6. ruh-roh. If the publishing companies start telling me to yank their covers off of my site, I'll be in trouble. 'Cause, you know, umm... my whole blog is dedicated to covers.

      Should I be pissing my pants yet?

      P.S. Syb, I deleted my previous comment 'cause it made no sense and stupid Blogger doesn't allow for comment editing.

      By Blogger Bam, at 6/19/2006 02:15:00 PM  

    7. LOL ok bam *g*

      thanks for the info maili

      By Blogger sybil, at 6/19/2006 02:19:00 PM  

    8. I would go with what Maili said. (Maili, who's she?)

      By Anonymous Jane, at 6/19/2006 03:34:00 PM  

    9. Jane, if Karen Scott is the Queen of all of us, Maili is the really hot Merlin. ;)

      By Blogger Bam, at 6/19/2006 04:24:00 PM  

    10. Well, you all are welcome to post my covers wherever you want -- just so long as they're HUGE -- with the release date posted somewhere nearby. LOL.


      By Blogger Kathryn S, at 6/19/2006 06:14:00 PM  

    11. As I understand it, Fair Use allows cover thumbnails to be posted for the purposes of commentary and review. The Changeling Press owner was entirely out of line in demanding that Karen take down the covers.

      By Anonymous celeste, at 6/19/2006 09:47:00 PM  

    12. LOL I Love Kathryn's cover! You know, it's been a long time since I've read a historical but I'm gonna have to give that one a look =)

      By Blogger Amie Stuart, at 6/19/2006 09:47:00 PM  

    13. I swear, this is just one of the most....


      Why can't we all just get along. hahahaha

      By Blogger Holly, at 6/19/2006 10:08:00 PM  

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