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Topic: Copyright Infringement Question (Read 841 times) |
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trinsic
Newbie
Posts: 2
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Copyright Infringement Question
« on: Jul 11th, 2007, 7:06pm » |
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Hi Everyone.
I was wondering if their is an expert in the crowed that could point me a place in the copyright law, where it says that non-copyright holders are not allowed to make a copy of a copyright holders work?
I have been looking and all I see are the rights given to copyright holders, but I don't see any wording that takes away a non-copyright holder decision to make a copy of a copyright holders work..
Am I missing something? Where is it that it says it is unlawful for a non-copyright holder to make a copy of a copyright holders work for personal non-commercial use in regards to digital works specifically?
Please forgive my ignorance on this issue and I appreciate any help in this matter.
Scott Larson.
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JSonnabend
Moderator
Senior Member
Posts: 2251
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Re: Copyright Infringement Question
« Reply #1 on: Jul 12th, 2007, 9:03am » |
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on Jul 11th, 2007, 7:06pm, trinsic wrote:| Where is it that it says it is unlawful for a non-copyright holder to make a copy of a copyright holders work for personal non-commercial use in regards to digital works specifically? |
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For the first part of your question, see 17 U.S.C. § 501(a), which says in part:
(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For the second part of your question, see 17 U.S.C. § 107 which says in part:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. - Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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Isaac
Senior Member
Posts: 3472
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Re: Copyright Infringement Question
« Reply #2 on: Jul 12th, 2007, 10:53am » |
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on Jul 11th, 2007, 7:06pm, trinsic wrote:| I have been looking and all I see are the rights given to copyright holders, but I don't see any wording that takes away a non-copyright holder decision to make a copy of a copyright holders work. |
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Looked at a slightly different way:
17 U.S.C. § 106 gives the copyright holder an exclusive right to make or authorize the making of copies limited by the exceptions in sections 17 U.S.C. §§ 107-122.
Exclusive means that a non-copyright holder would not have the right to make copies, digital, analogue, or or otherwise, absent an applicable exception or permission.
That leaves you to pick through the exceptions. None of the exception are broad enough to generally cover making digital copies of works for personal, non-commercial use.
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Isaac
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trinsic
Newbie
Posts: 2
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Re: Copyright Infringement Question
« Reply #3 on: Jul 13th, 2007, 5:46am » |
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I see... the word Exclusive is the key word. Thank you guys, really appreciate your help.
trinsic
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Wiscagent
Full Member
Posts: 843
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Re: Copyright Infringement Question
« Reply #4 on: Jul 20th, 2007, 1:02pm » |
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I have a product, i.e. service, idea that involves indexing publicly available documents, and directing customers to the site where the documents can be found on the web. Before I invest much time and effort into this idea, I would like to get a “top of mind” understanding of the copyright issues.
The service would search for reports and articles that are available on the internet, but are generally buried within menus, require registration, or are otherwise difficult to find using a broad Google-type search. Many of the documents are copyright protected.
For example, the FDA might have a drug application that includes a journal article within the file; the article being copyright protected. Nevertheless, that journal article can be accessed if you know how to navigate around the FDA site. So anyone is free to read that journal article because it is “published” on the web. I am not concerned about whether or not the FDA (or any other government unit or private business) is violating the copyright, the point is that the article is freely accessible.
My service would index such articles and provide links and or instructions on how to view the articles, but would NOT download the articles. Well, what do think ... would the copyright police come knocking at my door? Or does my service seem okay?
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Richard Tanzer
Patent Agent
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