Copyright implications of rebinding/recovering a book

Over on Threads there has been talk about the implications of book rebinding and copyright law. Below is a brief overview of the issues. ✨Let me know if y'all would be interested in a Topical Chat (via Zoom) to delve deeper into the subject.✨

Rebinding a physical copy of a legally acquired book is NOT copyright infringement under the U.S. “first sale doctrine.” In fact, EU copyright law has a similar doctrine, although they call it something else. So rebinding a book you own then selling it is also not copyright infringement for the same reason.

However, use of someone else's original art or copyrighted photographs on the new book cover without permission does constitute copyright infringement of that artwork or photographs. This raises separate ©️ or IP issues (from recovering the book itself) that may involve the rights of people with no underlying interests in the book involved. For example, using character art drawn by someone else (copyright infringement of artist's work) or using photographs of actors in movies based on the book on your new book cover (copyright infringement of photographer's or photograph owner's work and possible infringement of the actors' rights of publicity).

Note also, how someone sells a rebound book can raise other IP issues. For instance, if/how an author's or publisher's name is used to market or sell a rebound book can raise trade and/or trademark questions. Especially if it results in a likelihood of confusion as to the market source of the rebound book.

Thus, the IP issues surrounding the recovering of a book can be multi-faceted. If you're an author and someone has rebound one of your books, be careful of accusing them of infringement if you're not clear on these issues.

If you're someone who rebinds books and you're keeping these books for yourself, you're good. No problems. But if you're planning to sell rebound/recovered book creations, make sure you have all the proper rights secured before doing so. Remember just because you've seen other people doing it, and to your knowledge they haven't been sued (yet), doesn't mean infringement liability doesn't exist.

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