Re: Re: Scanning books into electronic format

From: Nicole Davignon <nicodav[_at_]gmail.com>
Date: Thu, 07 Sep 2006 16:35:01 -0400


I am a Canadian librarian, I do research on the Internet all day for my work. I find documents on the web that should not be there all the time.

For your information a copy is a reproduction whether you copy it in a printed or digital form.

According to Canadian Law, you need the
permission of the owner the copyright of a document(even when the document is available for free by the owner) , to print it, to digitige it, to copy it, to transform it, etc. for personnal use. I am pretty sure it is the same in the U.S. for what I have read on the subject.

That's the law.

Now let's talk about real life. Nobody asks permission to copy a printed document or to download information from the web for personal use. « Personal use » meaning for most, the personal use on an entire institution. Don't kid yourself, you can be sure that at least one of person in that institution will give this copy to somebody else and that somebody else who believes in freedom of information will put it on the Web.

Nicole Davignon

2006/9/6, Seso Digital <sesodigital[_at_]gmail.com>:
>
> Samuel:
>
> Forgive me if someone else has brought this up, but I'd look to see
> if your country (I'm assuming from the domain name that it is not the
> United States) has a section analogous to our Section 108, which
> allows certain acts of copying by a library or archives if the work
> is threatening to become unavailable via technological obsolescence
> or deterioration. There are too many factors that weren't mentioned
> (or I missed), but instead of a default "no" position on these
> things, I look for exception besides fair use.
>
> From the limited amount of information I have here, the first thing
> I thought of was that if you're working in the U.S. for a library or
> archive, then Section 108 might apply. Even before that, I'd
> determine if the books still qualified for copyright protection. If
> this was under U.S. law, I'd try to determine originality and
> fixation, then term, before I even got to the possible Section 108
> exception.
>
> Again, all this is from a U.S.-centric viewpoint, which may or may
> not apply here. Still, I think the analysis is transferable.
>
> I agree copyright must be respected, as must the public's right to
> fairly use protected works pursuant to codified exceptions to codified.
>
> K. Matthew Dames
> Executive Editor
> CopyCense
>
>
> On Aug 30, 2006, at 14:55, Samuel Murray wrote:
>
> > G'day everyone
> >
> > What would you say about the legality of scanning a book into
> > electronic format so that you can more easily search it? The book
> > is owned by you and you do not distribute the scanned copy, and the
> > hardcopy is by nature of the scanning process destroyed in the
> > process. In what sort of cases would this be okay? The scanned
> > book will be used in an office setting.
> >
> > Samuel
> >
> >
> >
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Received on Fri Sep 08 2006 - 00:35:01 GMT

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