Re: Re: Scanning books into electronic format

Hi Samuhel,
I disagree somehow on your very semantic analysis of copying as a verb and as a noun. Copyright has been invented to protect the interest of the author (or the publisher) against copies (or reproduction) that jeopardize the monetisation of the author or the publisher. If I scan a book I have purchased and pay for, use modern technology to scan it, apply a decent OCR and then index the "digital" copy FOR MY OWN USE, there is no loss of money from author or publisher'side. Therefore I do not see any breach in copyright law.
Of course it is very different, if I circulatel the "index" or the digital file of the book:
the index: it might be considered as a "derivative work" and could avoid to be considered as an infringment, (particularly if the index inclued indexed contents from other pieces (within the limit of citations) regardless the means used to produce the index,
the book: if I send digital copies (with or without payments) it is clearly forbidden.
At least in France, if there is no "loss" from author or publisher, as it remains "private" , I do not think that scanning and indexing for personnal use is illegal.
Alain

2006/9/5, Joseph Pietro Riolo <josephpietrojeungriolo[_at_]gmail.com>:
>
> On 8/30/06, Samuel Murray <leuce[_at_]absamail.co.za> wrote:
> >
> > What would you say about the legality of scanning a book into electronic
> > format so that you can more easily search it? ...
>
> Speaking only from my perspective in my own country (U.S.)...
>
> Based on your description, it seems obvious that it is a copyright
> infringement. Not all copies are necessarily an act of infringement
> but I don't see how what you are doing can fall under any
> non-infringing uses.
>
> It really does not matter that you only have one copy at all the
> time. There are some people who said that as long as you
> have one copy, it does not matter if it is in paper form or digital
> form. My opinion is that they are very mistaken. Copyright
> concerns both copy as a noun and copy as a verb.
>
> When you transfer a copy (as a noun) from paper form to
> digital form, you are doing the copying (as a verb) or as
> what the copyright law calls, reproduction.
>
> However, the reality is far different from what I say above.
> Far too many people simply disregard the law and proceed
> reproducing works in paper form to digital form. You may
> be tempted to disregard the law but it is best to think about
> the long-term future. What if one of employees in your office
> becomes your enemy or becomes disgruntled with your
> company? He or she would report your copyright infringement
> to the authors of the books that you scan to your PC.
>
> If there is a digital version available for the book, buy it.
> Else, you are stuck with the book in the paper form until
> its copyright expires.
>
>
> Joseph Pietro Riolo
> <josephpietrojeungriolo[_at_]gmail.com>
>
> Number of days left until 1-1-2019 when all knowledge of 1923
> in the land of the U.S.A. will be freed from their copyright
> owners' prisons: 4,501
>
> Public domain notice: I put all of my expressions in this
> post in the public domain.
>
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-- 
Alain Minodier
tel:33 (0)6 12 29 37 97