File:Shadow Train - John Ashbery.jpg

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Description
English: First-edition cover of Shadow Train (1981) by the American poet John Ashbery.
Date
Source Abe Books (direct link to jpg). Cropped and lightly retouched by uploader.
Author Jacket photograph by F. J. DiStefano; jacket design by Beth Tondreau; first edition published by Viking Press.
Permission
(Reusing this file)

No permission is required because the dust jacket was published without a notice between 1978 and 1989 and was not registered for copyright within five years.

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 be published without notice and is not eligible for copyright protection. Neither the year nor a copyright symbol (or any acceptable variant) appear anywhere on the dust jacket. Credits like "Jacket photograph by F. J. DiStefano" and "Jacket design by Beth Tondreau" (found on the book's front flap) do not meet these requirements, nor do the identifications of the publisher and author.

A search of the US Copyright Office's Copyright Catalog (1978 to present) turns up no results indicating registration of the cover by its photographer, F. J. DiStefano, before January 1, 1987 (or at any other time). Because the dust jacket did not carry a separate copyright notice and was not registered within five years of publication, it is not eligible for copyright protection.

Licensing

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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 1978 and March 1, 1989 without a copyright notice, and its copyright was not subsequently registered with the U.S. Copyright Office within 5 years.
Unless its author has been dead for several years, it is copyrighted in the countries or areas that do not apply the rule of the shorter term for US works, such as Canada (50 pma), Mainland China (50 pma, not Hong Kong or Macau), Germany (70 pma), Mexico (100 pma), Switzerland (70 pma), and other countries with individual treaties. See this page for further explanation.

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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
current21:50, 12 August 2019Thumbnail for version as of 21:50, 12 August 20191,101 × 1,452 (367 KB)Blz 2049 (talk | contribs)== {{int:filedesc}} == {{Information |Description={{en|1=First-edition cover of ''Shadow Train'' (1981) by the American poet John Ashbery.}} |Source=[https://www.abebooks.com/servlet/BookDetailsPL?bi=30303562497 Abe Books] ([https://pictures.abebooks.com/BETWEENTHECOVERS/30303562497.jpg direct link to jpg]). Cropped and lightly retouched by uploader. |Date=1981 |Author=Jacket photograph by F. J. DiStefano; jacket design by Beth Tondreau; first edition published by Viking Pr...

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