Re: Scanning books into electronic format

The query was from Samuel Murray. The response to which Alain responded was from Joseph Pietro Riolo.

I think this sort of copying for private use is fair use. I don't think it is a close question. But it is an open one and my assessment could well be incorrect.

Steve

On Sep 5, 2006, at 6:55 PM, Alain Minodier wrote:

> 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

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
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