08-24-2008, 11:11 AM | #1 |
Enjoying the show....
Posts: 14,270
Karma: 10462841
Join Date: Jun 2008
Location: Arizona
Device: A K1, Kindle Paperwhite, an Ipod, IPad2, Iphone, an Ipad Mini & macAir
|
Clarification, please.
Okay, so here is something I've been wondering for ages. If I own a paper copy of a book, is it legal to scan it for my own use?
For instance, can I legally take my copy of James Micheners "The Covenant", scan it and transfer to my Kindle? Assuming I would know how to do this? Thanks! |
08-24-2008, 11:35 AM | #2 |
Grand Sorcerer
Posts: 11,248
Karma: 35000000
Join Date: Jan 2008
Device: Pocketbook
|
The law is conflicting on this, with no judicial resolution that I am aware of.
First, I'm not a lawyer, so this is only a layman's opinion. Hopefully, the pro's will chime in. To make any copy of a copyrighted material is a copyright violation, unless it falls under the "fair use" doctrine. "Fair use" is not a written law, but the pile of various judicial ruling over time. I.E. case law. On one side, there are laws blocking copying of materials, copyright law, and the Digital Copyright Millenial Act (DCMA), which blocks any copying of encrypted data. On the other hand, you have various rulings about the legality of libraries, the selling of used books, archival backup of digital materials (I believe), and the Sony Betamax decision. <Shrug.> Nobody knows how a case (as you described it) would be resolved. It could be treated as straight copyright violation, or time shifting, or archival backup, or format shifting. Each one gives a different answer... |
Advert | |
|
08-24-2008, 12:07 PM | #3 | |
reader
Posts: 6,975
Karma: 5183568
Join Date: Mar 2006
Location: Mississippi, USA
Device: Kindle 3, Kobo Glo HD
|
In the US, this would generally be considered a protected "fair use". From EFF: Fair Use FAQ:
Quote:
|
|
08-24-2008, 12:10 PM | #4 |
zeldinha zippy zeldissima
Posts: 27,827
Karma: 921169
Join Date: Dec 2007
Location: Paris, France
Device: eb1150 & is that a nook in her pocket, or she just happy to see you?
|
from what little (very little) i know, Ralph Sir Edward is right ; copyright law is far too complex and the answer varies from country to country.
however many people feel that such cases *do* fall under "fair use" as long as you are doing the scanning for your own personal use and are not intending to sell or otherwise distribute it. it's considered comparable to ripping a cd you have bought to mp3 files so you can listen to it on your ipod. this is called "format shifting". it does often come down to "do what you think is ethically acceptable". also, don't forget that while the legal status of this activity may be unclear in some countries (in some countries it is explicitly legal, i believe in canada for instance although i could be wrong), in order to be prosecuted for it even IF it were defined as definitely illegal, you would have to get caught. i'm not really sure how someone quietly scanning copies of their own legally-owned paper books for their own personal use, not uploading them anywhere, could ever possibly come to the attention of any legal entity. personally, i happen to consider that a completely fair use of any media that i buy ; if i've bought it, i think i should be able to read it however i choose. EDIT : i see wallcraft was faster than me and also better documented. |
08-24-2008, 12:18 PM | #5 |
Enjoying the show....
Posts: 14,270
Karma: 10462841
Join Date: Jun 2008
Location: Arizona
Device: A K1, Kindle Paperwhite, an Ipod, IPad2, Iphone, an Ipad Mini & macAir
|
Thanks, Sir Edward. And thanks, Wallcraft and Zelda. That makes it a little more clear. Still lots of muddy waters out there.
I"d say I'm on the side of "If I already own the paper copy, and want to convert it to my e-book reader for my own personal use, I'm okay with that." |
Advert | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
A clarification re: US Kindle store | ChaoZ | Amazon Kindle | 4 | 10-01-2010 04:31 PM |
Classic Clarification? | desertgrandma | Barnes & Noble NOOK | 4 | 01-11-2010 01:51 PM |
Hi Everyone - Need some clarification and direction | s7whitecoral | Which one should I buy? | 11 | 11-21-2009 08:20 AM |
BookDesigner - clarification needed on a possible setting? | Dr. Drib | Sony Reader | 1 | 07-14-2007 05:39 PM |