J._D._Salinger_(Catcher_in_the_Rye_portrait).jpg
Summary
Description J. D. Salinger (Catcher in the Rye portrait).jpg |
English:
Portrait of American author
J. D. Salinger
photographed by
Lotte
at Atelier Jacobi in New York City, October 11, 1950 (source:
Fine Books & Collections
). The photo was used as an author portrait on the first-edition dust jacket of Salinger's 1951 novel
The Catcher in the Rye
. It was removed from subsequent editions of the novel at the author's request.
Note that the photo was flipped horizontally when it was published on the back cover. That means the back cover actually presented a mirror image of Salinger, not his true appearance; this image is the "unflipped" correct version. Other
recently published
photos from the same session show that Salinger had several freckles or moles on his face (the most noticeable is on his right cheek, close to his nostril.) These appear to have been airbrushed from the back cover version of the portrait, but note that they are also missing from the "original" copy; every other photo from these sessions shows them.
|
||
Date | |||
Source |
English:
*
Original source:
first published as part of the full dust jacket art for
The Catcher in the Rye
(see "other versions" below). The high-resolution photo portrait is sourced from
Medium
. Cropped and retouched by the uploader.
|
||
Author |
English:
Photo by
Lotte Jacobi
, per a credit in the bottom-left corner of the original dust jacket's back cover. Published by
Little, Brown and Company
|
||
Permission
( Reusing this file ) |
English:
No permission is required because the portion of the photo shown in this file is in the public domain. The portrait was first published prior to 1978 without a valid copyright notice.
The Catcher in the Rye
was first published in 1951; 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:
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:
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 "1951" nor a copyright symbol (or any acceptable variant) appear anywhere on the dust jacket. Credits like "Photo by Lotte Jacobi" do not meet these requirements, nor do the identifications of the publisher and author. Additionally, the image is a mechanical scan/photocopy of the public-domain original photo and does not qualify for independent copyright protection. A cropped portion of Jacobi's photo was published as the back cover of the first-edition The Catcher in the Rye . The full photo portrait was published sometime later, showing more of Salinger's body and a more extensive background. It is unclear whether the act of publishing the cropped portion without a notice also rendered the "uncropped" portions of the photo in the public domain; a similar issue exists with Guerrillero Heroico , the famous portrait of Che Guevara. Out of an abundance of caution, this file reproduces only the cropped portion that had been published on the back cover, not the full portrait. The original portrait is considered "published" to at least the same extent that it was "disclosed" by the publication of the dust jacket (in this case, the cropped portion was disclosed). See Shoptalk, Ltd. v. Concorde-New Horizons Corp. , 168 F.3d 586, 591 (2d Cir. 1999): "[W]hen the author consents to the inclusion of [her] work in a derivative work, the publication of the derivative work, to the extent . . . it discloses the original work, also constitutes publication of [the] underlying work." |
||
Other versions |
|
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 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 . |