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Originally Posted by bill_mchale
I am more interested in the case of making your digital copy from a library book while you own your own paper copy.
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Here is what the copyright law in the US says:
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§ 107. Limitations on exclusive rights: Fair use
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. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
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First, notice the heading:
Limitations on exclusive rights. In other words, copyright holders do not have the
absolute right to control when copies of their works are made. There are some situations when someone can copy a work even over the heartfelt and sincere objections of the copyright holder. What this section of the law does is state the circumstances in which that is permissible - i.e. when making a copy is "fair use."
Next, notice that the law is not structured in terms of
how the copier gets the copy. He can get it from anywhere, anyhow - the law doesn't say a word about it. He can read someone else's copy and type it out from memory. He can scan it. He can read it aloud to a secretary who writes down his dictation.
So the fact that you make a copy from the library's copy is irrelevant. The law isn't interested in that. If what you want to talk about is where the copy came from, the law does not give a damn. The law yawns, and checks its watch.
The law only gets interested once you slap the copy down on the table, and then the law inquires: "is this a fair use copy or not?"
So, if you accept that it is "fair use" for you to make a full copy of a book you have already bought, what
additional factor from the ones listed in the four subparagraphs above comes into play if you make that copy using the library's volume as the original rather than your own? I don't see any.
Bottom line: if it is "fair use" to make a copy of a book you own, it is "fair use" to make that copy from the library book.