Quote:
Originally Posted by calvin-c
IMO it's misrepresentation on their part, possibly sufficient to justify canceling the purchase. That's if, as it seems in this case, they use a 'published' cover image in advertising the ebook. If that's true, then you didn't receive what was advertised, which is legally actionable-in the US, at least.
As for not having rights, if that's true then they shouldn't be using the cover in their catalog either.
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I had a conversation recently with a publisher's art director on this very question. The reason they can use the original cover art in the catalog when they don't have the rights to it for the ebook proper is that standard contracts with the artists give them the right to use the image for promotional and marketing purposes. In some cases, it's ambiguous whether they could also use the art in the ebook itself, so they take a conservative approach--and in others they just don't have the rights (though according to this art director they are now acquiring ebook rights with new art commissions).
So that's the explanation. That said, I feel the same way when I buy an ebook--I'd like to have the cover art with it, and feel gypped if I don't get it. Usually I use Calibre to add the cover image myself.