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File:Cormac McCarthy (Outer Dark author portrait).jpg

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Cormac_McCarthy_(Outer_Dark_author_portrait).jpg (373 × 407 pixels, file size: 74 KB, MIME type: image/jpeg)

Summary

Description
English: Portrait of Cormac McCarthy from the dust jacket of his second novel, Outer Dark.
Date
Source PBA Galleries Auctioneers and Appraisers (direct link to jpg). Cropped to include only the portrait and lightly retouched by uploader.
Author Unknown—the photographer is not credited. Jacket design by Muriel Nasser; published by Random House.
Permission
(Reusing this file)

No permission is required.

  1. First, the photo is a mechanical scan/photocopy of the original cover and does not qualify for independent copyright protection.
  2. Second, the portrait was first published prior to 1978 without a valid copyright notice. Outer Dark was first published in 1968; 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."

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 "1973" nor a copyright symbol (or any acceptable variant) appear anywhere on the dust jacket. Credits like "Jacket design by Muriel Nasser" do not meet these requirements, nor do the identifications of the publisher and author.


This is a retouched picture, which means that it has been digitally altered from its original version. Modifications made by Blz 2049.

Licensing

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:
This work is in the public domain in the United States because it was published in the United States between 1929 and 1977, inclusive, without a copyright notice. For further explanation, see Commons:Hirtle chart as well as a detailed definition of "publication" for public art.

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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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cdb17c2a2207296cbd364270c5bf847bd2f69b19

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Date/TimeThumbnailDimensionsUserComment
current21:35, 11 August 2019Thumbnail for version as of 21:35, 11 August 2019373 × 407 (74 KB)Blz 2049== {{int:filedesc}} == {{Information |Description={{en|1=Portrait of Cormac McCarthy from the dust jacket of his second novel, ''Outer Dark''.}} |Source=[https://www.pbagalleries.com/view-auctions/catalog/id/442/lot/141920/Outer-Dark PBA Galleries Auctioneers and Appraisers] ([https://www.pbagalleries.com/images/lot/2403/240340_0.jpg direct link to jpg]). Cropped to include only the portrait and lightly retouched by uploader. |Date=1968 |Author=Unknown—t...

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