These days how can you tell? I mean you can get a copy of a PD book, Moby Dick, for example from Gutenberg and with Sigil and Calibre you can create a working TOC (or fix one if some work needs doing on it) and then search the web for a good cover for it. And of course a book isn't always PD when it's found on the web. There was the problem with Orwell's book of "1984" a while back as well.
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