English: No permission is required because the dust jacket was first published prior to 1978 without a valid copyright notice. The Autobiography of Malcolm X was first published in 1965. The hardback book itself carried a valid copyright notice, and 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:
"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 "1965" nor a copyright symbol (or any acceptable variant) appear anywhere on the dust jacket. The mere identifications of the publisher, author, photographer, or jacket designer do not meet these requirements. The lack of notice on the dust jacket can be verified by examining scans at WorthPoint: one (providing the front flap) and two (providing the back flap).
Licensing
This file 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:
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.
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.
Captions
Add a one-line explanation of what this file represents
== {{int:filedesc}} == {{Information |Description={{en|1=First edition dust jacket cover of ''The Autobiography of Malcolm X'' (1965) by Malcolm X and Alex Haley.}} |Source={{en|1=Scan via [https://pictures.abebooks.com/FIREPROOFBOOKS/22688025218.jpg AbeBooks].}} |Date=1965-10-29 |Author={{en|1=Photograph of Malcolm X by Leroy McLucas. Jacket design by Roy Kuhlman. Published by [[w:Grove Press|Grove Press]...
File usage
The following pages on the English Wikipedia link to this file (pages on other projects are not listed):