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File:F. Scott Fitzgerald (1934 author portrait - Tender Is the Night).jpg

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F._Scott_Fitzgerald_(1934_author_portrait_-_Tender_Is_the_Night).jpg (370 × 518 pixels, file size: 89 KB, MIME type: image/jpeg)

Summary

Description
English: Author portrait of F. Scott Fitzgerald for the first-edition dust jacket of his 1934 novel Tender Is the Night.
Date
Source
English: Scan via Heritage Auctions. Cropped from the original image.
Author
English: Published by Charles Scribner's Sons. The dust jacket illustrator is unknown; it is not Edward Shenton, who provided illustrations accompanying the text of the novel itself (source: Tate, Mary Jo (2007). Critical Companion to F. Scott Fitzgerald: A Literary Reference to His Life and Work. New York: Infobase Publishing, p. 378. ISBN 978-0-8160-6433-5).
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.

Tender Is the Night was first published in 1934. 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 copyright notice can be verified by inspecting the full-jacket scan at the Heritage Auctions link above.

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.
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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Date/TimeThumbnailDimensionsUserComment
current04:24, 1 December 2021Thumbnail for version as of 04:24, 1 December 2021370 × 518 (89 KB)Blz 2049== {{int:filedesc}} == {{Information |Description={{en|1=Author portrait of F. Scott Fitzgerald for the first-edition dust jacket of his 1934 novel ''Tender Is the Night''.}} |Source={{en|1=Scan via [https://historical.ha.com/itm/books/f-scott-fitzgerald-tender-is-the-night-new-york-charles-scribner-s-sons-1934-first-editio/a/6232-45221.s Heritage Auctions]. Cropped from the original image.}} |Date=1934-04 |Author={{en|1=Published by [[w:Cha...
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