Re: Copyright Infringement & Imaging

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Sat, 07 Oct 1995 12:59:49 -0600

> I am examining the legal issue of the infringemnet of copyright when a
> work protected by copyright is imaged. As there are many organizations
> which are implementing imaging systems someone must have looked at this
> issue. Any articles, citations to national copyright laws or just plain
> thoughts on this issue would be welcome.
>
> In particular, some of the questions I am exploring are:
>
> 1. Is copyright infringed when a work is imaged for storage i.e. is
> this a reproduction?

Are you asking whether if you make a copy, you have made a reproduction? How can the image not be a copy?

> 2. If a work is originally produced in elecronic form and is then
> transmitted to a third party has any copyright restricted act
> taken place?

At a miniumum reproduction. Of course you you may be able to implictly or explicitly grant the receiver a license - if you own the copyright.

> 3. Is simple downloading for viewing on a screen a reproduction of the
> work displayed?

Actually, you have probably made two, or maybe even three copies. One on disk, one in RAM, and one on the screen. (Although the latter may be case law, in my mind, it doesn't really comport with fixation).

> 4. Is downloading from an imaging system and then making either a print
> copy or a disc copy a reproduction?

At least under U.S. law, you pretty much get reproduction when you make "copies" (using the 101 definition thereof - which both the above qualify under).

> Wanda Noel
> Ottawa, Canada
> <bj538[_at_]freenet.carleton.ca>

I probably should have looked at your origin before making the above statements. Let me qualify them - I was discussing U.S. law, and as such the comments may or may not be valid as for Canadian law.

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The preceding was not a legal opinion, and may not be my employers'. Orignal portions Copyright 1995 Bruce E. Hayden,All Rights Reserved. My work may be copied in whole or part, with proper attribution, as long as the copying is not for commercial gain.

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Bruce E. Hayden                                bhayden[_at_]acm.org               
Austin, Texas                                  bhayden[_at_]copatlaw.com

Received on Sat Oct 07 1995 - 18:04:16 GMT