A Cover Story

Can we use covers from Amazon (and other online sources) without permission?

By Carrie Russell -- School Library Journal, 7/1/2006

Our library wants to create a reader’s advisory flyer that includes written annotations and images of the various book covers (like those displayed on Amazon). Do we need to get permission to copy and paste the covers? I’ve written three publishers and a company that sells the rights to use online images, but so far none of them have responded. —Alan NaPier, librarian assistant Liverpool Public Library, Liverpool, NY

We need to consider the four factors of fair use—Section 107 of the copyright law. Factors two and three of fair use—the nature of the work and the amount to be used—suggest your use is unfair, since the covers are creative works and you’re planning to use the entire image. On the other hand, factors one (the purpose of the use) and four (the effect on the work’s market) are in your favor. Although the purpose of the use is not strictly educational, it certainly has a social benefit—to encourage reading, learning, and cultural enrichment. The effect on the work’s market would not be detrimental—in fact, it’s potentially positive since readers who receive the flyers may become exposed to new works and purchase additional copies of them. I think you can make a case that your use is a fair one, but that’s just my interpretation. I’m sure there are others who would take a more conservative approach and disagree with me.

Is it necessary for our library to get permission to show DVDs of TV programs like Degrassi: The Next Generation or Veronica Mars? —Keri Adams, young adult librarian Malden Public Library, Malden, MA

Permission is required from the rights holder for most public performances, and that includes TV shows and movies on DVD. Although it’s fine to show them in the classroom for curriculum-related purposes, screenings for entertainment purposes aren’t permitted. To obtain permission, contact a big licensing agent, like Swank Motion Pictures, Inc. (www.swank.com). Another option is to conduct an online search for the specific program you’re interested in screening. I searched for Veronica Mars and discovered that it was produced by Warner Brothers; the e-mail address for customer legal queries is legal@wb.com.

What does the copyright law say about showing an entire video or DVD in the classroom? Does it matter if the copies are rented or individually owned by our teachers? —Anne Wassell, media specialist Elizabeth Lane Elementary School, Matthews, NC

People are often surprised to learn that rental and individually owned copies of videos and DVDs can be shown in their entirety in the classroom. The law requires that the copies be lawfully created (as opposed to pirated) and that they be purchased or rented from a reputable source. You may notice that some films come with a label that says “Home Use Only,” but that’s not an absolute. The law permits nonprofit educational institutions to exercise the right of public performance in the “face-to-face” classroom. Interestingly, the FBI warning statement that accompanies some films was not authorized by the agency. The motion picture companies included this warning (which looks so official) to discourage public performances.

One of our textbooks comes with a CD-ROM. But some students have purchased used texts that didn’t include the recording. Can our teachers make copies of the CD-ROM for their students? —Cheryl Watson Steele, head librarian The Overlake School, Redmond, WA

No. I think it would be fair to offer limited access to a copy of the CD-ROM (perhaps held in the library on reserve), but making a copy of the entire CD-ROM for every student is a copyright infringement. Did the publisher inadvertently forget to include the CD-ROM in the books? Is there a less expensive version of the textbook that comes without the CD-ROM? In any case, contact the publisher for permission to copy the CD-ROMs. Remind them that the students have lawfully acquired the textbooks.