Re: Internet Archive's Open-Text Archives Initiative

[HAZEL4205@aol.com]

Dear Joe:

With due respect I don't believe this is an issue of 'fair use.' 17 USC 10
governs the legal theories which allow fair use of copyrighted works.

I believe the scanning of printed books for electronic access would be
governed by the same section of the copyright statute which governs the
lend ing of all library book.  That would be 17 USC 106.  I believe the
correct analogy would be library access of e-books.  I suspect that as
long as the rights are purchased and owned by the lending institution one
copy of the book may be accessed.

I wondered -- has anyone phoned Google to askk them the legal basis for this
endeavor?   If not, I will do that.   Thank you.

Lee


In a message dated 12/26/04 7:16:59 PM, espositoj@gmail.com writes:

> On Thu, 23 Dec 2004 23:40:54 EST, Sally Morris (ALPSP)
> <chief-exec@alpsp.org> wrote:

> > It is not clear to me what is the copyright situation with regard to
> > scanning (and making available within the library, though not
> > publicly) those books in the respective libraries' collections which
> > are not yet out of copyright.  Can anyone answer that question?
> >
> > Sally Morris, Chief Executive
> > Association of Learned and Professional Society Publishers
> > E-mail:=A0 chief-exec@alpsp.org