A Spine-Tingling Question

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Are libraries allowed to use photographs of book spines?

By Carrie Russell -- School Library Journal, 07/01/2005

We would like to display a collage that includes a life-sized photograph of a shelf of books with their spines showing. What does the law say about copying just the spines? Is it permissible?
—Collette Marsh, research librarian Educational Research Center, Omaha (NE) Public Schools

This is not an infringement. The book titles cannot be protected by copyright. On the other hand, the photograph you will use is a work that is protected by copyright. Technically, whoever took the photocopy of the work holds the copyright to it. I imagine the photo was taken strictly for this purpose. The photographer probably transferred the copyright to you or to the school in a casual sense, as an implied license. If that's the case, you have an exclusive right to reproduce and display the photo or any rendering of it.

Someone made a copy of the school's production of Guys and Dolls—supposedly with the permission of the play's copyright holder. If we decide to make additional copies, aren't we required to get permission? Also, selling those copies would be illegal, correct?
—Susan R. Smith, school media specialist Sebring (OH) Local School District

Your assumptions are probably correct. Even if the individual received permission to make one copy, it's unlikely that the rights holders would allow him to make additional copies and sell them. I imagine the person who received permission had to pay a royalty and sign a license agreement with the rights holders. In addition, dramatic literary works, such as plays and, even more so, musicals, have lots of copyrights and many copyright holders, which makes the permission process particularly involved. Works like these tend to be more heavily protected than, say, a journal article.

What you do about this situation is up to you and your school. It is impossible to police all uses of copyrighted works, and I certainly would not recommend it. While it is unlikely that anyone would face an infringement suit for making copies, there is still the possibility, and that puts the school at risk. Of course, your decision is even more complicated if the person in question is the proud parent of a child with a starring role in Guys and Dolls.

Is the use of commercial recordings (such as one song from a CD) in a public library's storytime a fair use? One of the libraries in our region was told by American Society of Composers, Authors and Publishers that such a use was fair—only to have that statement retracted later the same day.
—Kathleen James, youth services coordinator Metropolitan Library Service Agency, St. Paul, MN

I consider this a fair use as long as the CD is a lawful copy. However, you will encounter differing opinions. I would argue that the use is nonprofit and has an educational and therefore socially beneficial focus. Also, the performance of the song is limited to those that attend the storytime and certainly does not reduce the value of the work in the present marketplace.

An instructor would like the library staff to copy an entire book so he can give portions of it to his students to use in class. What does the law say?
—Glen Walder, library media teacher Dublin (CA) High School

This is an infringement. Only in rare situations can the library reproduce entire works. Section 108 allows for the reproduction of complete copies for preservation and replacement purposes. There could be a really exceptional situation where fair use might apply. However, this is not that kind of situation. There is a clear effect on the work's market when a teacher makes numerous reproductions of materials that would ordinarily be purchased as a text or course packs by the students. Perhaps the book is very expensive. Are used copies available? Is there a less expensive alternative? If the book is out of print, perhaps the library can place the book on reserve status in the library or locate a couple of copies from out-of-print book dealers to add to its collection.