Just changing the media of on which something is made without more is
generally considered to be making a copy, not a derivative work. So
just scanning a book into an electronic form would qualify as making
a copy, not making a derivative work. This goes back at least to the
Batlin case.
Where does US Copyright law permit the owner of a copy to make a copy as a backup? It does so in section 117 for software, but I don't recall such a right for ordinary hard copies of literary works or sound recordings.
Steve
On Sep 6, 2006, at 11:45 AM, Carl Oppedahl wrote:
> johnmcn[_at_]bellsouth.net wrote on 9/5/2006 4:55 PM:
>
>> Conversion from printed form to an electronic form is likely also
>> a derivative work (not merely just a copy or reproduction) and the
>> right to create derivative works is also an exclusive right of the
>> copyright owner.
>>
> The US copyright law explicitly permits the owner of a copy of a
> work to make backups .
>
-- Prof. Steven D. Jamar vox: 202-806-8017 Howard University School of Law fax: 202-806-8567 2900 Van Ness Street NW mailto:stevenjamar[_at_]gmail.com Washington, DC 20008 http://iipsj.com/SDJ/ "No place affords a more striking conviction of the vanity of human hopes than a public library." Samuel Johnson, 1751Received on Wed Sep 06 2006 - 22:05:31 GMT
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