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[BKARTS] Copyright issue on bookbinding

In a message dated 12/13/2006 12:02:42 AM Eastern Standard Time,  
LISTSERV@xxxxxxxxxxxxxxxx writes:

Date:    Tue, 12 Dec 2006 22:39:03 -0600
From:   Esther Kibby <ekibby@xxxxxxxxxx>
Subject: Copyright issue on  bookbinding

I have a fine binding book cover design I would like to  execute on a 
classic piece of contemporary literature - Ficciones by  Borges. My 
problem comes from finding an affordable copy at a larger size  than is 
available for purchase. And I have looked at a lot of used book  
websites and find either copies that are too small, or copies too  
expensive for my professor's salary, or so beautiful that I would think  
of taking it apart.

The design I have created will not be visually  effective on a 6"x9" 
size which is pretty common. I need at least a 12" x  18" size book to 
display the design.

Another book binding friend  recommended that I simply re-type the 
stories in and print on an inkjet at  the larger size and bind it. I am 
not looking to profit from the  literature, but I would like to exhibit 
the binding design in  competitions. I was also thinking about creating 
some internal  illustrations to go with the stories. I know that the 
work I do would be  held as my copyright.

However, I don't know the ramifications of using  the stories. I see 
them all over the web and I was wondering if they have  become public 
domain. I am wondering if I could claim fair use, as I  consider the 
binding of this printing an educational tool in learning the  book 
binding craft?

Can anyone talk about this sort of issue. What  has been done before?

It sounds like what you are trying to do goes beyond fair use. In fact, I  
think that even if you were to rebind an already printed copy of the book with  
your illustrations, you would be infringing the copyright (assuming the work 
is  not in the public domain) because you would be creating a derivative work. 
Probably the easiest thing for you to do would be to contact the owner of  
the copyright and seek permission to use it. Start with the publisher of the  
book, even if the copyright notice in the from of the book lists the author as  
copyright owner. Large publishing houses usually have a department for  
permissions and have information on their web sites about how to to ask for  
permission. This seems like a case where permission may well be granted. 
Two good sources on copyright info are the copyright office we site at 
_http://www.copyright.gov/_ (http://www.copyright.gov/)   and the  book "Legal Guide 
for the Visual Artist" by Tad Crawford.  Also, if there  is a chapter of 
Lawyers for the Arts in your area, you might want to  consult them. These groups 
are a great resource, with lawyers who work pro  bono (i.e., free) offering 
personal legal advice to artists. 
Sally Canzoneri

         The Bonefolder, Vol. 3, No. 1, Fall 2006 Now Online at
Guild of Book Workers' 100th Anniversary Exhibition Online - Catalog Available
             For all your subscription questions, go to the
                      Book_Arts-L FAQ and Archive.
          See <http://www.philobiblon.com> for full information

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