The Sun Also Rises (1st ed. cover)

Autor:

Jacket design by Cleonike Damianakes.

Credit:

Heritage Auctions. Cropped by uploader.

Krótki link:

https://plwiki.pl/b/10821f

źródło:

Wikimedia Commons

Wymiary:

839 x 1219 Pixel (520141 Bytes)

Opis:

First-edition dust jacket cover of The Sun Also Rises (1926), the second novel by the American author Ernest Hemingway.

Licencja:

Public domain

Komentarz do licencji:

No permission is required.

1. First, the photo is a mechanical scan/photocopy of the original cover and does not qualify for independent copyright protection.
2. Second, the dust jacket was first published prior to 1978 without a valid copyright notice. The Sun Also Rises was first published in 1926; the hardcover book itself carried a copyright notice, so its contents remain copyrighted (as of the time of upload). However, the first-edition dust jacket did not carry a separate copyright notice. According to The Compendium of U.S. Copyright Office Practices: Chapter 2200, § 2207.1(C) at p. 15:

"A notice of copyright on the dust jacket of a book is not an acceptable notice for the book, because the dust jacket is not permanently attached to the book. Likewise, a notice appearing in a book is not an acceptable notice for the dust jacket or any material appearing on that dust jacket, even if the book refers to the jacket or material appearing on the jacket."

The jacket's lack of a copyright notice is self-verifying; someone looking to double-check can examine the image itself.

Keep in mind that the pre-1989 requirements for copyright notice were highly formalistic and, other than a few enumerated exceptions, required these three elements:

1. "The symbol © or the word 'Copyright' or the abbreviation 'Copr.' or an acceptable variant such as "(c)";
2. "The year of first publication for the work"; and
3. "The name of the copyright owner, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner."

If just one of these elements is omitted, the work is deemed to have been published without notice and is not eligible for copyright protection. Neither the year "1926" nor a copyright symbol (or any acceptable variant) appear anywhere on the dust jacket. Cleonike Damianakes's name is also absent. Credits like "Drawn by John Blomshield" do not meet these requirements, nor do the identifications of the publisher and author.

Note: Some countries do not recognize the rule of the shorter term and will use their own terms, usually based on the date of the author's death plus a set number of years. According to this post at Christopher Othen's blog, Damianakes died in 1979. To give an example: in countries with a copyright term of 50 p.m.a. (50 years after the death of the author), copyright of the front cover illustration will not expire until January 1, 2030 (the beginning of the 51st year after Damianakes's death).