[teknoids] FW: scanning the torts book

John Mayer jmayer at cali.org
Tue Aug 16 10:06:28 EDT 2011


Ahhhh, found a law professor willing to state an opinion... Pam
Samuelson quoted in this Wired article...

http://www.wired.com/gadgetlab/2009/12/diy-book-scanner/

"...So are Reetz and the builders of the DIY scanner pirates? That
would depend on who you talk to, says Pamela Samuelson, a professor at
University of California at Berkeley, who specializes in
digital-copyright law. Trade publishers are almost certain to cry
copyright infringement, she says, though it may not necessarily be the
case.

Google was recently forced to pay $125 million to settle with angry
book publishers and authors who claimed copyright infringement as a
result of the search giant’s book-scanning project.

But not so individual users who already own the book, says Samuelson.
If you scan a book that you have already purchased, it is “fine, and
fair use,” she says. “Personal-use copying should be deemed to be
fair, unless there is a demonstrable showing of harm to the market for
the copyright at work,” says Samuelson..."

Professor Samuelson's Bio
http://people.ischool.berkeley.edu/~pam/

... also a former CALI Board Member (obligatory mention)

"Pamela Samuelson is recognized as a pioneer in digital copyright law,
intellectual property, cyberlaw and information policy. She has
written and spoken extensively about the challenges that new
information technologies are posing for public policy and traditional
legal regimes. "


regards,
John




On Tue, Aug 16, 2011 at 9:02 AM, John Mayer <jmayer at cali.org> wrote:
> 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.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> _______________________________________________
>>>> You are currently subscribed to teknoids as: jmayer at cali.org.
>>>> To unsubscribe send a blank email to teknoids-leave at ruckus.law.cornell.edu
>>>> --
>>>> See the web interface at
>>>> http://ruckus.law.cornell.edu/mailman/listinfo/teknoids to get your list
>>>> password, unsubscribe, and view your list settings.
>>>>
>>>
>>>
>>>
>>> --
>>> ----------
>>> 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
> ----------
>



-- 
----------
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
----------


More information about the Teknoids mailing list