putting photos of copyrighted items in ads

[around_again_records]

Hi everyone: My LP records are not exactly flying off the shelves so I've decided to sell some of my books.

While looking through them to get the ads ready, I couldn't miss the Copyright warnings on some of them. Usually something along the lines of " No part of this book may be reproduced in a retrieval system or transmitted in any form or by any means without prior written permission of the publisher"

I don't see how I can sell a book (or anything else) without posting pictures of it. So my question, and it's a silly one seeing as the above statement couldn't be much clearer, is; Do I really have to take this seriously?

Most book listings on ebay have photos with them. I know not all the books contain the same copyright statement shown above, but many do in various forms. I assume the sellers did not contact the publisher for permission to post the photos.

I'd like to get some opinions on this before I post any more adds for books. I hope there are some book sellers out there who can give me some advice.

Thanks

[bb_cool_stuff]

Cuomos & Femme are book sellers & usually check in daily.

They will point you in the right direction.

[bb_cool_stuff]

Recped is a long time album/music seller & could also offer some advice.

Usually checks in daily also.

[pjcdn2005]

I think that most book sellers use the stock photos provided in the ebay catalogue.

In some categories it is required that you use the catalogue info, I'm not sure if books have that rule or not.

As far as the coypright statement....that probably refers to someone copying parts of the book and distributing the copies, not about selling the book itself.

[recped]

Take your own photo of the book cover or use the one in the eBay Catalogue if available

Personally I prefer to use an image of the exact item being sold unless it`s new & perfect condition. For used items an actual picture of the specific item is best.

Although I doubt it would ever be a problem in books or records do not borrow images from the manufacturers website unless you are an authorized dealer.

[around_again_records]

Thanks everyone. I planned to take my own shots, and did so on a few listings from this week. Then I noticed the copyright thingy and got a bit worried, so I thought I better check it out before I went any farther. I really wish the wording would be different on the copyrights, but I'll live on the edge for a change. 😉

Thanks again

[cumos55]

Copyright is

The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or...

For a book  the originator is the author

The assignee is the publisher

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For a book  copyright prevents someone from making a copy of a book and selling it without the permission of the publisher.

My understanding of copyright is that I can take a copy of the cover,  show the Table of Contents  and present photographs  from the book ... doing this in order to sell the original book.

I cannot take something from the book and sell it as my own... Photos within the book can come from many sources... credits are given for photos are given in the book... and the person has given permission for the publisher to use that photo.

When you are listing a book for sale....  whatever you use from the book is there to sell the original copyrighted book. 

You cannot take something from the book... a photograph,  a chapter and so forth  and sell it as your own....   You can only sell the original book  as originally published

Copyright stays in force for 50 years after the death of the author... unless copyright is renewed...  author dies in 1950... Book is release as a new edition in 1999... and copyright is renewed.

Copyright varies between countries....  Some countries do not recognize the copyright  from another country... We get illegal copies showing up...

[cumos55]

The copyright Act in Canada was first passed in 1921.

People have found books, documents and just about anything  and transferred that material to a disk  and then sell the disk...

If and only if the material was published before 1921.

Things get difficult if the copyright is renewed after 1921,   and renewed on a continuous basis over the years....

The rules of copyright differ depending on whether is applied to a book, a song, a photographs  and more.

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The most interesting copyright is the image of a person....  It is understood that a photographer  cannot take a photograph of someone  and use it where ever he chooses.... 

My image is me, and unless I sign a release  that photograph cannot be used in any manner... without my permission.  If you can identify me,  my face is visible,  specifically

If I am in a crowd, I am not an individual.... The photo can be used without my permission

News reporter have a right to take a photograph... but are limied as to how that photo can be used  without the permission of the person in the photo.

Certain people  are considered in the "pubic domain"  Their photos can  be taken  and used with minimal restriction...  actors, politicans and others.....

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Madonna, early in her life posed nude  because she needed the money.....She signed a release  and the author had a right to sell that photo many years later  for $40,000

Madonna at that time was a private person... Today she is considered in the public domain....  Paparazzi take care....

[cumos55]

Situation 1

Person finds a Hudson's Bay catalogue from 1910-11

Puts copy on disc  and sells discs on eBay.

Hudson's Bay Company takes the same catalogue...  and publishes catalogue as a copyrighted reprint.

Both copies were from the original catalogue, published before 1921, with no copyright restriction... 

Disc and reprint are both legal.

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Situation 2

Companies in the US have been collecting tractor and machinery manuals  that relate to agriculture...

They sell copies of these manuals.....  no associated copyright with the original manual.

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Copyright can be stated... or implied.... In many instances it is the law at the time of pubication and subsequent changes that govern  copyright.

and finally

Each country has a variant of Canada's copyright rules....

the US has a 70 year window, usually,   with other restictions and variations in relation to year of publication,  location (State),  and other varations.  

Consequently it is important to know Canada's law... and then US law if you are selling somethig that may be questioned in the US.