Using images in books

[foundcharleston]

What is the name of your state (only U.S. law)? SC

Can I legally cut out images in books and frame it to sell.

 

[justalayman]

Actually cut out or copy?

 

[foundcharleston]

Cut out. No scanning or copying.

 

[quincy]

What is the name of your state (only U.S. law)? SC

Can I legally cut out images in books and frame it to sell. I am in SC USA.

Possibly.

Based on what is called the "first sale doctrine," if you legally purchase a book, you can generally do with the book what you want - short of copying it (which would be infringement). You are legally allowed to give the book away, throw the book away or even rent the book out to others.

That said, there have been conflicting court decisions on the resale of individual parts taken from the whole.

The Ninth Circuit in California held that it was infringement (see Mirage Editions, Inc v Albuquerque A.R.T. Co, 856 F.2d 1341, 1988) when images from an art book were taken out of the book and sold individually. This was the decision also reached in another, similar California case in 1996 (see Greenwich Workshop Inc v Timber Creations, Inc, 932 F.Supp, 1210, C.D. Cal).

But, in Lee v Deck the Walls, Inc, 925 F.Sup. 576 (N.D. Ill. 1996), a federal court in Illinois held the opposite, that selling individual notecards from a pack of legally purchased notecards was not infringement. The Court held it was permitted under the First Sale Doctrine. A Texas court came to the same conclusion in C.M. Paula Co v Logan, 355 F.Supp. 189, D.C. Texas, 1973.

Because of the conflicting decisions, you would be smart to have an IP attorney in South Carolina review your proposed plan to sell the images from the book separate from the book.

Good luck.