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Summary
Description"The Mothman Prophecies", by John A. Keel.jpg
English: Original cover of the book The Mothman Prophecies by John A. Keel
First, the photo is a mechanical scan/photocopy from the original cover and does not qualify for independent copyright protection.
Second, the dust jacket was first published prior to 1978 without a valid copyright notice. The Mothman Prophecies was first published in 1975; the hardcover book itself carried a copyright notice, so its contents remain copyrighted. 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."
At least one source can be used to verify the dust jacket's lack of a copyright notice: an Etsy listing that contains the entire dust 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:
"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 "1975" nor a copyright symbol (or any acceptable variant) appear anywhere in a part of the dust jacket. Credits (of which there are none) do not meet the requirements, nor do the identifications of the publisher and author.
Licensing
This is a faithful photographic reproduction of a two-dimensional, public domain work of art. The work of art itself is in the public domain for the following reason:
Public domainPublic domainfalsefalse
This image is in the public domain because it is of a book dust jacket first or simultaneously published in the United States between 1930 and 1977, inclusive, without a copyright notice, or between 1978 and 28 February 1989, inclusive, without a notice and subsequent registration with the Copyright Office within 5 years.
Per the 1973 Compendium of US Copyright Office Practices 4.3.1.II.d and 4.4.3.IV, removable dust jackets are treated as separate works from the books they cover. The same is said in the 2014 Compendium.[1]
For further explanation, see Commons:Hirtle chart. Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death),[2] and those that do but do not interpret a failure to comply with formalities as an expiration of a work's term of protection.[3]
"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."
↑These include Canada (50 p.m.a.), Mainland China (50 p.m.a., not Hong Kong or Macao), Germany (70 p.m.a.), Mexico (100 p.m.a.), Switzerland (70 p.m.a.), and other countries with individual treaties.
The official position taken by the Wikimedia Foundation is that "faithful reproductions of two-dimensional public domain works of art are public domain". This photographic reproduction is therefore also considered to be in the public domain in the United States. In other jurisdictions, re-use of this content may be restricted; see Reuse of PD-Art photographs for details.
Captions
Original cover of the book The Mothman Prophecies by John A. Keel
Uploaded a work by Jacket design by [https://web.archive.org/web/20250703110422/https://www.etsy.com/listing/1757790637/1975-the-mothman-prophecies-1st-edition?show_sold_out_detail=1&ref=nla_listing_details Peter Parnell] from Scan via [https://www.abebooks.co.uk/first-edition/MOTHMAN-PROPHECIES-INVESTIGATION-MYSTERIOUS-AMERICAN-VISITS/32231537004/bd#&gid=1&pid=1 AbeBooks] with UploadWizard