Re: Scanning books into electronic format

From: Steven Jamar <stevenjamar[_at_]gmail.com>
Date: Wed, 06 Sep 2006 14:05:31 -0400


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/

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Samuel Johnson, 1751
Received on Wed Sep 06 2006 - 22:05:31 GMT

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