Re: Re: Scanning and Copyright

Subject: Re: Re: Re: Scanning and Copyright

Comments:
: : I had a discussion with a Boarder's manager about the following: Given a page (or paragraph) of a book subject to copyright due to : : editorial enhancements and/or compilation as well as a core of public domain material, is their any significant difference between copying the public domain portion of the page (i.e. keyboarding it) only, and scanning the lines into the : : a handheld scanner) and then editing out the non-public domain material? : : Is "fixation" an issue here? Which of the above constitutes a copyright violation and what is the heart of the difference, if any between the two cases? Either way, the only thing kept is the : : public domain material. : : As a matter of thought, if I stand at a copy machine and copy a page out of a book subject to copyright, then immediately burn that copy, (and I do this repeatedly all day...) have I really : : violated the authors copyright? : : The Bodleian Library and other libraries have an allowance in the copyright law for using copy machines, I believe, but at the same time students can also bring their laptops and key in text. What is the copyright position in that case? Isn't it inconsistant? : : What would be the acceptable uses of scanning technology if I want to make use of my handheld scanner for taking notes? I personally think that this is a gray area of the law to study. : : Sincerely : : Claudio Chagas : Dear Mr. Chagas, : There is the law and there is enforcement. Lot of copying is infringement but too difficult to police. : In your examples, it is quite simple to just use the information and with our mode of expression there is no infringement and you are entitled to a register a copyright on what you have....even it if is an infringement. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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