[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: Converting book into digital format?
- To: firstname.lastname@example.org
- Subject: Re: Converting book into digital format?
- From: Rick Anderson <Rick_Anderson@uncg.edu>
- Date: Mon, 8 May 2000 22:04:43 EDT
- Reply-To: email@example.com
- Sender: firstname.lastname@example.org
> The substantiality test in section 107 refers to "the amount and > substantiality of the portion used in relation to the copyrighted work as > a whole." It is not possible to argue that copying the entire book is not > copying a substantial portion. A court is not going to support this under > fair use. <http://www4.law.cornell.edu/uscode/17/107.html> But isn't the substantiality test only one of the four fair-use criteria? My impression has always been that a complete copy may be acceptable if the other three criteria are met. For example, I think it's generally accepted that I can make a cassette copy of an entire CD (that I own) so that I can play it in my car stereo. A copy like that fails the substantiality test, but meets the other three. I think 75% is a passing score, in this case. A library that wishes to digitize a fragile book in its entirety for preservation purposes is, I think, on pretty solid ground -- so the question doesn't necessarily hinge on how _much_ you're going to copy (although that question is relevant) as it does on the purpose of the copy and its effect on the marketplace. > All of this deals with paper copies. Changing the format to digital opens > a new can of worms. Practically speaking, yes it does. Legally speaking, I'm not so sure -- as far as I can tell, copyright law doesn't care what format you're copying to. (Am I mistaken on that?) -------- Rick Anderson Head Acquisitions Librarian Jackson Library UNC Greensboro (336) 334-5281 email@example.com "Which is the greater miracle: to cause a stone to speak, or a philosopher to stop speaking?" -- Overheard at the Council of Nicaea
- Prev by Date: Re: Dow Jones Interactive Enterprise Master Agreement
- Next by Date: NEW VERSIONS OF MODEL LICENSES RELEASED
- Prev by thread: RE: Converting book into digital format?
- Next by thread: Re: Internet vs. publishing, was, Re: BioMed Central Authors to retain copyright