[teknoids] FW: scanning the torts book

John Mayer jmayer at cali.org
Tue Aug 16 10:02:10 EDT 2011


Legal Geekery was there...


http://legalgeekery.com/2010/02/16/digital-textbooks/

..so was Teleread

http://www.teleread.com/copy-right/p-books-to-e-books-the-ethics-of-downloading-and-the-legality-of-scanning/

YMMV
I am not a lawyer.

John

On Tue, Aug 16, 2011 at 8:53 AM, John Mayer <jmayer at cali.org> wrote:
> Multi-year discussion here in the comments on this very topic...
>
> http://www.ericmackonline.com/ica/blogs/emonline.nsf/dx/is-it-legal-to-scan-your-books-to-read-on-a-tablet-pc
>
> There has GOT to be a law review article about this.  I have seen
> dozens of articles over the years - most of the legal opinions are
> uninformed and NOT from lawyers.  Even the lawyers are rightly
> hesitant to give a definitive answer.
>
> Almost everyone I have seen opine on this says that SHARING the
> scanned book is copyright infringement (although some argue that it is
> fair use in some cases akin to library lending).  The comparison is to
> making MP3s out of your personally owned CDs or some such.
>
> John
>
> John
>
> On Tue, Aug 16, 2011 at 8:34 AM, John Mayer <jmayer at cali.org> wrote:
>> http://www.huffingtonpost.com/hack-college/how-to-digitize-your-text_b_730879.html
>>
>> There is a company that purports to do this as a service...
>>
>> http://www.blueleaf-book-scanning.com/
>>
>> from the FAQ
>>
>> In order to use our services, you must agree to our Terms and
>> Conditions and meet at least one of the following;
>>
>>    * Ownership of Rights - You are the author, you own the rights to
>> the copyrighted material, or you have received permission from the
>> publisher to copy the material.
>>    * Startup Company or Small Business - For internal and lawful use
>> of business related material.
>>    * Non-Profit Organization - You are an NPO or CSO and meet at
>> least one of the 501c provisions (1-28)
>>    * Research or Educational Agency - For internal and lawful use
>>    * Non-Profit Personal Use - You are an individual interested in
>> our services for personal use
>>
>> John
>>
>> On Tue, Aug 16, 2011 at 8:23 AM, Johnson, Cyndi <johnson at law.unm.edu> wrote:
>>> From a faculty member…
>>>
>>> Any expertise out there?
>>>
>>> Thanks.
>>>
>>> Cyndi
>>>
>>>
>>>
>>>
>>>
>>> This question just arrived from one of my students.  Anyone have any
>>> thoughts on this?  I dare say that I don't feel qualified to give any answer
>>> to his question.  Seems a bit odd, since in the looseleaf, double-sided
>>> version, all he would have to carry at any given time would be 20-25 sheets
>>> of paper.
>>>
>>>
>>>
>>>
>>>
>>> Begin forwarded message:
>>>
>>> I am in your torts section this semester. I have purchased the loose-leaf
>>> edition of the torts textbook you assigned. I was a bit surprised at the
>>> heft of the thing, so I was thinking about using an office copier to turn it
>>> into a PDF. I’ve tried to do a bit of research on the copyright issues
>>> surrounding this, but it’s a bit unclear. Section 107 of the copyright act
>>> deems the ‘reproduction’ in part of copyrighted works for educational use,
>>> but since I would be scanning a book that I have already purchased for
>>> personal-educational use, whether I am reproducing it is unclear. The
>>> closest analog I could think of was the spate of cases in the early 2000’s
>>> against people who ripped CD’s they owned into mp3’s and shared them. But
>>> the RealNetworks case only ruled on whether it was legal to make use of
>>> excerpts from DVDs; "the question of whether a consumer has a right to make
>>> a fair use copy of a DVD she has purchased . . . is not presented on this
>>> motion and is not addressed by the court." 2010 U.S. Dist. LEXIS 1433, at
>>> *16 (I got this from a Wikipedia discussion page, so the lexis citation
>>> might be incorrect).
>>>
>>>
>>>
>>> Since I’m biking to school it would be much easier to bring the book as a
>>> PDF on my ipad. I have an app that can highlight and make notes, which I
>>> plan on using anyway. Anyway I thought it would be worth asking, as I would
>>> prefer to have a digital copy. Obviously I’m creating a lot of trouble for
>>> myself and you before orientation, but if you could sound off on this over
>>> the next day or three I would really appreciate it.
>>>
>>>
>>>
>>>
>>>
>>>
>>>
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>>
>>
>>
>> --
>> ----------
>> John Mayer
>> Executive Director
>> Center for Computer-Assisted Legal Instruction/CALI
>> 565 West Adams
>> Chicago, IL  60661
>> 312-906-5307
>> 312-906-5280 - fax
>> jmayer at cali.org
>> http://www.cali.org
>> twitter.com/johnpmayer
>> ----------
>>
>
>
>
> --
> ----------
> John Mayer
> Executive Director
> Center for Computer-Assisted Legal Instruction/CALI
> 565 West Adams
> Chicago, IL  60661
> 312-906-5307
> 312-906-5280 - fax
> jmayer at cali.org
> http://www.cali.org
> twitter.com/johnpmayer
> ----------
>



-- 
----------
John Mayer
Executive Director
Center for Computer-Assisted Legal Instruction/CALI
565 West Adams
Chicago, IL  60661
312-906-5307
312-906-5280 - fax
jmayer at cali.org
http://www.cali.org
twitter.com/johnpmayer
----------


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