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File:Houseboat Days - Ashbery.jpg

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Original file (929 × 1,346 pixels, file size: 246 KB, MIME type: image/jpeg)

Summary

Description Scanned cover of the dust jacket for the hardcover first edition of John Ashbery's 1977 poetry collection Houseboat Days.
Date
Source Scan sourced from a listing to sell the book on eBay (direct link to jpg). Cropped and retouched by uploader.
Author

Per the dust jacket's left flap: "Painting on front of jacket by R. B. Kitaj, 'Houseboat Days (for John Ashbery)," private collection. London. Jacket design by Mel Williamson."

For countries that do not recognize the rule of the shorter term and define copyright term based the date of the author's death plus a set number of years:

Permission
(Reusing this file)

No permission is required for the following reasons:

  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—it was published with a defective notice not conforming to legal requirements.

Houseboat Days was first published in 1977. The hardcover book itself carried a copyright notice, and its contents remain copyrighted. However, the first-edition dust jacket did not carry a separate and valid 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."

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.

I (the uploader) examined a copy of the book's first edition dust jacket at the Oakland Public Library. There are credits for the book's author, John Ashbery; the publisher, Viking Press; the jacket designer, Mel Williamson; the painter of the cover artwork, R. B. Kitaj; and finally, the photographer for the author portrait on the back flap, Thomas Victor. All of these notices omit the year.

The credit that comes closest to a valid copyright notice is the credit to Victor, which at least includes the copyright symbol: "© Thomas Victor". Nevertheless, the notice is fatally defective because it omits the year. If that copyright notice had included the year, then it would have protected the entire dust jacket, not just the photograph. According to The Compendium of U.S. Copyright Office Practices: Chapter 2200, § 2207.2 at pp. 16–17:

"If a collective work was publicly distributed with a notice for the collective work as a whole—but without a separate notice for the contributions to that work—the notice covers the contributions, even if the copyright owner named in the notice is not the copyright owner of those contributions (exception for advertisements inserted on behalf of persons other than the owner of the collective work)."
Therefore, even though Thomas Victor did not own the rights to the entire dust jacket as a collective work, a valid notice for Victor would have constituted a valid notice for every part of the jacket—including the front cover—and for every valid rights-holder: the publisher, jacket designer, etc.

Licensing

This image is in the public domain because it is a mere mechanical scan or photocopy of a public domain original, or – from the available evidence – is so similar to such a scan or photocopy that no copyright protection can be expected to arise. The original itself is in the public domain for the following reason:
Public domain
This work is in the public domain because it was published in the United States between 1929 and 1977, inclusive, with a defective copyright notice (copyright notice information) containing at least one of the following defects:
  • Notice does not include the copyright symbol ©, the word "Copyright", or the abbreviation "Copr.";
  • Notice is dated more than one year later than the actual date of first publication;
  • Notice does not include a named claimant or does not name the actual copyright holder;
  • Notice is illegible or concealed from view;
  • It is a printed literary, musical, or dramatic work that does not include the year.
A defective notice does not invalidate copyright in cases where the error is immaterial and would not mislead an infringer, such as an abbreviated name. Additionally, foreign works created outside the US are subject to copyright restoration even with a defective notice. It is not in the public domain in the countries or areas that do not apply the rule of the shorter term for US works, such as Canada, mainland China (not Hong Kong or Macao), Germany, Mexico, Switzerland, and other countries with individual treaties.

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This tag is designed for use where there may be a need to assert that any enhancements (eg brightness, contrast, colour-matching, sharpening) are in themselves insufficiently creative to generate a new copyright. It can be used where it is unknown whether any enhancements have been made, as well as when the enhancements are clear but insufficient. For known raw unenhanced scans you can use an appropriate {{PD-old}} tag instead. For usage, see Commons:When to use the PD-scan tag.


Note: This tag applies to scans and photocopies only. For photographs of public domain originals taken from afar, {{PD-Art}} may be applicable. See Commons:When to use the PD-Art tag.

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Date/TimeThumbnailDimensionsUserComment
current04:04, 17 August 2019Thumbnail for version as of 04:04, 17 August 2019929 × 1,346 (246 KB)Blz 2049== {{int:filedesc}} == {{Information |description=Scanned cover of the dust jacket for the hardcover first edition of John Ashbery's 1977 poetry collection ''Houseboat Days''. |date=1977 |source=Scan sourced from a listing to sell the book on [https://www.ebay.com/itm/John-Ashbery-Houseboat-Days-1st-Edition-1977-/273803325138 eBay] ([https://www.commoncrowbooks.com/pictures/B41784.jpg direct link to jpg]). Cropped and retouched by uploader. |author=Per the dust jacket's lef...

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