Sort of A Copyright Question

Started by Private User on today
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Private User
Today at 7:30 AM

Somebody has written a Book about a Relative.

Can I upload a Scan of the Cover, which includes a Photo, or is that a copyright violation?

Today at 8:32 AM

I would think it violates the copyright on cover art, yet, here it’s done:

https://www.goodreads.com/blog/show/913-goodreads-hack-scan-a-book-...

(And, of course, every library, bookstore, and Amazon)

Private User
Today at 1:55 PM

Thanks. Reading your answer inspired me to google the specific term "copyright on cover art" which I had not thought of before.

Got a link to https://psu.libanswers.com/faq/336502#:~:text=Book%20covers%2C%20al....
Includes "First factor: Criticism, comment, news reporting, teaching, scholarship, and research are favored purposes under the first factor. If you use a cover or poster for one of these purposes, that weighs in favor of fair use. Nonprofit educational purpose also favors fair use."
-- I am thinking on Geni it is part of "reporting, teaching, scholarship, and research"
Maybe more so if uploaded as a Document than as. Photo?

They also say
"Fourth factor: The fourth factor considers the impact of your use on the potential market for or value of the copyrighted work. ..."
with subparagraphs that include:
"Book covers and album covers aren't typically sold separate from their books and albums"
And
"Publishing companies, for example, don't generally sell licenses to use book cover images -- they encourage free use of those images to promote their books."

Posting it on Geni certainly would not be hurting sales of the book.

Today at 2:15 PM

1) definitely a better idea to upload as document

2) geni is commercial, so the educational use won’t hold up as an argument

3) could be construed as spam /advertising

Personally, if I wasn’t interested in making the QR code visible, I would think about scanning / uploading the title page instead. It gives all the pertinent information, makes book copyright explicit, falls under fair use, and no cover art questions.

The downside is besides lack of ISBN & QR is lsss visibility / recognition factor

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