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Possible collections of Comic Covers?

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rmdavidson:
If we start saying maybe if we leave out EC, Street & Smith, National, Atlas, and basically anything that we don't already accept on DCM, there wouldn't be much point in doing it.  That would be like saying "let's do a complete history of comics but without those publishers."

I know DCM usually comes down on the side of caution in most cases.  We've seen too many websites go dark for offering non-PD comic downloads.  So I'll just let it go.

Still, I have to say that when all the images are already online legitimately at Heritage and GCD, it would seem any company couldn't claim hardship if someone took a hundred or so of those same images and made them available in one free download.

narfstar:
Because Marvel and DC have already done this. I have a SA Action comics cover books around somewhere. That would indicate it could be a problem.

mr_goldenage (RIP):
What about a collection of comic book covers from a specific country like South Africa or Indonesia for example? Would that be fair use for educational purposes? Or of be any value or interest here?

Mr_Goldenage

John C:
Fair Use is a matter of intent and possible effect.  Collections aren't usually "fair;" transformation is usually the issue at hand, and collecting doesn't transform anything.  An auction site doesn't include covers as covers, it does so to let people know what they're bidding on, which is an entirely different purpose.

Likewise, a history of some set of comics illustrated by original art would probably be Fair Use, provided there was substantial new work in proportion to the covers.  TwoMorrows probably clears every image they use, but I think that's more a "good neighbor policy" than a strict legal obligation.

It's not a matter of who else has "gotten away with" using the art, who originally published the art, or whether the defendant just claims the intent was educational.

Also, keep in mind that Fair Use is a defense that needs to be presented in court, not something that protects from lawsuits.  Rightsholders do still sue over things that should clearly be Fair Use, and sometimes they win, because their lawyers made a better argument than the defendants' did, so it's not a particularly good idea to rely on the idea in publishing.

Yoc:
Seeing as GCD already has this 'covered' I don't think DCM should start hosting cover collections guys.
It is a can or worms we'd rather not open.  But thanks for the suggestion richard.  CB+ might feel different.

-Yoc

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