Syndetics/Bowker makes money in selling media cover image thumbnails.
Does Bowker has a license from the publishers to do that? I think so, I
think the publisher's make some money off it. Therefore there is some
commercial value in cover images, and effect on the commercial value of
those copyrighted cover images to give away thumbnails for free.
Therefore, there is some commercial value to the copyright holders in
cover images, which might mean that a judge would decide different in a
case about cover images. Or might not. Commercial impact/value is just
ONE of the four criteria of fair use in the US.
There is seldom any black and white in copyright in the 21st century.
Jonathan
Peter Keane wrote:
Actually, this is one of a number of links out there (esp. regarding the
Arriba Soft case) suggesting that fair use, regarding thumbnail images,
is quite often the applicable standard, the key (often) being that there
is no "Effect of the use upon the potential market for or value of the
copyrighted work".
It's just depressing to me that the society, in the shadow of DCMA, RIAA
action, etc. has essentially cowered in the face of these copyright
issues, and I would go so far as to say the we librarians often abrogate
our duty. I mean it is our job to *create* access to information
not *prevent* it. Right? Geez, nothing like the free flow of information
getting privatized. My aim is just to promote the idea of assuming that
"information wants to be free" and proceed under that assumption unless
there is clear and obvious proof otherwise.
Looked at another way: a thumbnail is just a bit of "visual" metadata,
and you cannot copyright metadata.
--peter keane
On Mon, May 19, 2008 at 03:50:35PM -0500, Jonathan Gorman wrote:
Another link about thumbnail images not being copyright-able:
http://www.publicknowledge.org/node/947
I don't think this particular case is saying thumbnail images are not copyrightable, but
rather that the creation of them is fair use. I haven't read it closely, but if you look
at the case and some of the description it's talking about the thumbnail images created
by Google itself to represent another source. The key words here are "highly
transformative". Google is transforming an existing work and creating a derived
work for a non-competitive purpose (as the judge ruled). Much in the similar way
traditionally creating indexes and the like are protected by copyright.
Just copying another source's thumbnail does not seem to be quite the same. After all,
you are then not doing anything to the thumbnail, just copying it. How do you what you
are then printing/publishing counts as transformative work or that the "new
work" derived from the existing one is not in itself copyrighted to the person who
originally transformed it? For example, were I to compose a play and then you made a
series of paintings inspired by it, it's different enough I would probably not be
infringing on copyright. That doesn't mean my paintings are now not under copyright.
Of course, I'm not a lawyer, but it does seem a leap to make off of what I have
read in these documents.
Jon Gorman
---- Original message ----
Date: Mon, 19 May 2008 15:23:49 -0500
From: Peter Keane <[EMAIL PROTECTED]>
Subject: Re: [CODE4LIB] free movie cover images?
To: CODE4LIB@LISTSERV.ND.EDU
Hi All-
Perhaps for some reason these precedents do not apply here (although I
doubt it) -- I am no lawyer. But I DO think that it is our responsibilty
as librarians and educators to *not* shy away from cases where copyright
issues are not clear and obvious. It is our job to provide the highest
possible service to our users, not to be timid in the face of false
and/or faulty claims about copyright infingement.
--peter keane
On Mon, May 19, 2008 at 03:00:08PM -0500, Charles Ledvina wrote:
I know my suggestion is probably filled with copyright infringements but
you could use your Amazon API to get links to all of their images. Your
url would look something like this:
http://webservices.amazon.com/onca/xml?Service=AWSECommerceService&SubscriptionId=[your_api_code]&Operation=ItemSearch&SearchIndex=Blended&Keywords=[upc_code]ResponseGroup=Images
Using the 024 will usually generate a unique result and then you can
choose from a variety of image sizes. I have a kind of API of an API
service running at chopac.org as an example. Simply enter a UPC or ISBN
and you get back an xml file with cover link and product link. Small,
medium (default) and large images are available by adding s, m or l at
the end of the UPC.
Examples:
Simspons Movie-- http://chopac.org/cgi-bin/tools/upc2image.pl?024543484271
Simpsons Movie (small image)--
http://chopac.org/cgi-bin/tools/upc2image.pl?024543484271s
The product link is supplied to somewhat fulfill Amazon's requirements
to link to their items.
Later,
Charles Ledvina
infosoup.org
chopac.org
Ken Irwin wrote:
Hi folks,
With some limitations, the Google Books API allows folks to access book
covers for free. (How's that working out? Anyone having luck with it?)
-- what about movie/DVD/VHS covers? Are there any free sources for those
images?
I'd like to work up a virtual-browsing interface for our library's
pretty small collection of feature films, and I'd love to include
covers. Any ideas on how I might get them? Anyone else doing this?
Thanks
Ken
--
Ken Irwin
Reference Librarian
Thomas Library, Wittenberg University
--
Jonathan Rochkind
Digital Services Software Engineer
The Sheridan Libraries
Johns Hopkins University
410.516.8886
rochkind (at) jhu.edu
