02-23-2010, 03:54 PM | #1 |
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Question on copywrite law...
If someone would fill me in on this I would be appreciative. (I'm in the USA by the way)
If I own (legally paid for) a physical book is it legal for me to scan it into a digital file for my personal use? If the answer to that was yes; once again if I bought a physical book can I legally use a digital copy scanned by someone else? Is a physical book and a digital version of the same book looked at like the same thing (such as CDs/mp3 files with music) or is it considered necessary to pay for both seperately if you want both. I'm not trying to get justification for piracy, I fully intend to buy all of my books, I'm just trying to decide if it's right that we should have to rebuy books we have already paid money for just to get a different medium. |
02-24-2010, 03:13 AM | #2 | |||||
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02-24-2010, 06:22 AM | #3 |
frumious Bandersnatch
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I'm not sure what's the situation in the US. Here in Spain I believe it would not be illegal to download the "personal copies" (of works you own or don't). It would be illegal to upload (distribute) them, but only if it is done for profit.
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02-24-2010, 07:43 AM | #4 |
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Downloading of copyrighted works for personal use is legal in Spain, I believe? It's not legal in the US (or the UK).
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02-24-2010, 08:43 AM | #5 |
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Yes but... you upload an American ebook (according to American law, it's not legal) to an Chinese server (anyway) from Spain. Which law apply to the file? For you it's clear, in Spanish land the Spanish law, for file I'm not sure (I'm talking about keeping it uploaded in the server).
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02-24-2010, 09:12 AM | #6 | |
frumious Bandersnatch
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The law explicitly allows to make private copies of copyrighted work without the author's consent for published works if the copy is not for commercial use. [...] Some consumer's associations and specialized lawyers contend that the current legislation allows file sharing (as with p2p networks) as this is not for profit and is for private use. Additionally, the Penal Code explicitly requires the intention of commercial profit in order to commit a crime against the Intellectual Property. This is, as I said, Spanish law. US and UK laws will be different of course. |
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02-24-2010, 09:57 AM | #7 | |
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I'm not trying to step on toes here, just interested in having a logical discussion about it. |
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02-24-2010, 11:43 AM | #8 |
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and I've just found this thread, so I'm going to continue the discussion there...
https://www.mobileread.com/forums/showthread.php?t=74365 |
03-01-2010, 06:28 AM | #9 |
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Think about this: ISBN numbers are different for digital or paper books, so we can not consider them a "copy" of the paper book.
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03-26-2010, 05:51 PM | #10 | |
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Now, with the DMCA, there are things that you likely think you should be able to do which you can't actually do (according to my understanding of the law). The DMCA makes it illegal to circumvent DRM regardless of the reason behind the circumvention. If there's DRM on an ebook, you cannot legally convert it to a different format because in so doing you would need to circumvent the DRM. |
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03-26-2010, 07:48 PM | #11 | |
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(Warning: IANAL. I suggest consulting one--a *good* one, with a lot of experience in copyfight activism--before attempting this argument in court.) Also, of course, people not in the US are not subject to the DMCA. |
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03-30-2010, 06:08 PM | #12 |
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Not only are they different between digital and paper format, but between digital formats. An eBook in ePub and in Mobi would require 2 ISBN's for the same content.
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03-30-2010, 06:14 PM | #13 |
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A recent ruling has been established in that sense. It must be pointed out that Spain is very permissive of "digital piracy" and the organisations who combat it are very impopular. Our local RIAA is easily one of the few things that unites all Spaniards in contempt and repulse. Of course, suing for royalties in donated works for which the author himself gave up his rights, or for the use of music in charity festivals may have something to do with that hatred... Go figure
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04-02-2010, 01:14 AM | #14 | |
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IANAL either, but when I looked at the details of the DMCA, my understanding of it was that it prohibited *all* DRM circumvention unless explicitly allowed. The list of allowed exemptions is available on wikipedia here: http://en.wikipedia.org/wiki/DMCA#An...ion_exemptions, and there is more information here: http://www.copyright.gov/1201/ From what I see here, personal use is not allowed. Now, as far as I understand, nobody has been prosecuted for removing DRM for personal use, but that does not mean that it's allowed. |
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04-02-2010, 12:00 PM | #15 | |
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Personal use & format shiftings are legally blurry; while the Sony Betamax case hinged on the right of people to record (format-shift) TV presentations for personal use, it wasn't quite officially codified as not-a-copyright-violation. (And there was no DRM in the way of those; nobody questioned whether the material was copyrighted.) In the case of DRM locking a public-domain book, there's no copyright violation to hinge the DRM-removal crime on. In the case of DRM preventing fair use--that's less clear. Whether fair use is a special exemption to copyright law (and therefore wouldn't be allowed) or outside the scope of copyright law (and therefore should be) is debated by lawyers. (Is fair use an affirmative defense--I tresspassed on your property, but it's okay because I had a good enough reason?--or not part of the law--I didn't tresspass on your property at all; this is a legally-required easement?) It's not likely to matter to ebooks, directly, which interpretation finally holds; the legal cases are going to be about music & videos. |
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