File:The Last Tycoon (1941 1st ed dust jacket).jpg

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Summary

Description
English: First-edition dust jacket cover of The Last Tycoon (1941), an unfinished, posthumously published novel by the American author F. Scott Fitzgerald (1896–1940).
Date
Source
English: Scan via Heritage Auctions. Cropped from the original image.
Author
English: Published by Charles Scribner's Sons. Dust jacket designer not credited.
Permission
(Reusing this file)
English: 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 dust jacket was first published prior to 1978 without a valid copyright notice.

The Last Tycoon was first published in 1941. 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."

The lack of a valid copyright notice can be verified by inspecting the full-jacket scan at Mt. Gothic Tomes. The caption under the author photo on the back cover, "© Eareckson", omits the year and is invalid. 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.

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:
Public domain
This work is in the public domain because it was published in the United States between 1929 and 1977, inclusive, with a defective copyright notice (copyright notice information) containing at least one of the following defects:
  • Notice does not include the copyright symbol ©, the word "Copyright", or the abbreviation "Copr.";
  • Notice is dated more than one year later than the actual date of first publication;
  • Notice does not include a named claimant or does not name the actual copyright holder;
  • Notice is illegible or concealed from view;
  • It is a printed literary, musical, or dramatic work that does not include the year.
A defective notice does not invalidate copyright in cases where the error is immaterial and would not mislead an infringer, such as an abbreviated name. Additionally, foreign works created outside the US are subject to copyright restoration even with a defective notice. It is not in the public domain in the countries or areas that do not apply the rule of the shorter term for US works, such as Canada, mainland China (not Hong Kong or Macao), Germany, Mexico, Switzerland, and other countries with individual treaties.

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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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Date/TimeThumbnailDimensionsUserComment
current02:01, 4 July 2020Thumbnail for version as of 02:01, 4 July 20201,936 × 2,835 (1.32 MB)Blz 2049== {{int:filedesc}} == {{Information |Description={{en|1=First-edition dust jacket cover of ''The Last Tycoon'' (1941), an unfinished, posthumously published novel by the American author F. Scott Fitzgerald (1896–1940).}} |Source={{en|1=Scan via [https://historical.ha.com/itm/books/f-scott-fitzgerald-the-last-tycoon-new-york-scribner-s-1941-first-edition/a/6091-36848.s Heritage Auctions]. Cropped from the original image.}} |Date=1941 |Author={{e...
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