Book People Archive

RE: Fair Use and etext

  Bob,

  If you get a CD, I understand that you are allowed to turn it into an MP3,
because it's a lot more convenient that way.
  For example, you can toss the idea of having to have a special dedicated
jukebox machine: You can just play them from your hard drive, and save
yourself hundreds of dollars.

  Okay, but books, this isn't okay..?
  Why are the CDs okay, but not the books?

  What if I feel like having access to my entire book collection from
anywhere in the world, but don't feel like carting a library around with me?
Or how about this: What if I want to search through my entire book
collection electronically, without going page per page?

  Am I commiting theft of benefits by digitizing my books for rapid search,
and spatially distant use?
             
  Take care,
    Lion =^_^=



---original message follows:---
Ryan,

When you buy a copy of a book, that doesn't give you access, for free, to
own as many copies of the book as you like.  If you want a second copy, you
have to go to the bookstore and buy another one.  Same principle applies to
e-books (presuming, of course, that we are talking about a copyrighted
work).  It's another copy of the book; you need to purchase it, and you
can't legally copy it from a free source.  It amounts to theft of benefits
from the copyright holder.  The ease of copying electronic work has
complicated the issue, but it's analogous to taking your physical book to a
photocopier, which no one does because physical copying is too expensive.
None of this has anything to do with "fair use" provisions of copyright law,
which apply to quoting material from a work, not to making new copies of the
whole thing.

Bob Raven    
-------

[Moderator: Those who want to continue this discussion may be interested
 in some of the relevant court decisions.  Several decisions recognize
 rights of users to make copies of copyrighted material for personal use
 in some circumstances.  See, for instance the 9th Circuit
 appeals decision in RIAA v. Diamond Multimedia Systems
 (online at http://www.eff.org/cafe/19990615_appeal_decision.html),
 especially footnote 10, and the well-known "Betamax" decision of the US
 Supreme Court, Sony v. Universal (online at many locations, including
 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=464&invol=417)

 The exact limits of these rights are still subject to debate.
 However, distribution of copies to others, or even the involvement
 of a commercial company in the making of copies (for whatever reason),
 are factors that weigh against the legality of the copying.  See, for 
 instance, Basic Books v. Kinko's, where the involvement of Kinko's,
 a commercial enterprise, in the copying of course packs for students,
 was held to weigh against a fair-use finding.  (Decision on-line at
 http://fairuse.stanford.edu/primary/cases/c758FSupp1522.html)

 I am not a lawyer, and none of the above is meant as legal advice,
 but only as source material for further discussion if desired. - JMO]