Digitizing and archiving

[rlwaldrop]

I have a small personal library of books on various topics including knowing God and software. Lots of nice books! I am tired however of having to deal with the huge amounts of space and weight they promote and would like to convert the library into an easily searchable digital format.

I would restrict access using a security mechanism and limit viewage using a mechanism that restricts the number of viewers.

I'm concerned because most of the books say that it is illegal to archive into a retrieval system and/or change the format without permission.

After looking at copyright.gov, the statues are a little vague on this point.

For example, what if my digitized copy was stolen or leaked out somehow? Would I be responsible for the number of users who saw it times the book purchase cost (or some other rate).

While technically this could probably be done without anyone knowing, I want to obey the law on the point.

Libraries seem to be able to do this type of thing as long as the digitized versions are restricted to their local sites. Hard copies (analog versions) must be used, it appears, for transmission outside of their sites. Could I be considered a library servicing myself and those I allow access to (keeping in mind the inhibitors enforced by the software?).

I called one of the publishers (Prentice Hall) and they said that I would need written permission (though they too suggested I could probably just do it) for each book, but didn't seem to knowledgable on this type of thing.

So, any ideas?

Thank you!

 

[Michael Wechsler]

Let us take a look at copyright law and what you are entitled to under law:

Originally posted by rlwaldrop
I have a small personal library of books on various topics including knowing God and software. Lots of nice books! I am tired however of having to deal with the huge amounts of space and weight they promote and would like to convert the library into an easily searchable digital format.

I would restrict access using a security mechanism and limit viewage using a mechanism that restricts the number of viewers.

I'm concerned because most of the books say that it is illegal to archive into a retrieval system and/or change the format without permission.

After looking at copyright.gov, the statues are a little vague on this point.

For example, what if my digitized copy was stolen or leaked out somehow? Would I be responsible for the number of users who saw it times the book purchase cost (or some other rate).

While technically this could probably be done without anyone knowing, I want to obey the law on the point.

Libraries seem to be able to do this type of thing as long as the digitized versions are restricted to their local sites. Hard copies (analog versions) must be used, it appears, for transmission outside of their sites. Could I be considered a library servicing myself and those I allow access to (keeping in mind the inhibitors enforced by the software?).

I called one of the publishers (Prentice Hall) and they said that I would need written permission (though they too suggested I could probably just do it) for each book, but didn't seem to knowledgable on this type of thing.

So, any ideas?

Thank you!

 

[Michael Wechsler]

17 U.S.C. Sec. 117. - Limitations on exclusive rights: Computer programs

(a) Making of Additional Copy or Adaptation by Owner of Copy. -

Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

(1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or

(2) that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation. -

Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner.

(c) Machine Maintenance or Repair. -

Notwithstanding the provisions of section 106, it is not an infringement for the owner or lessee of a machine to make or authorize the making of a copy of a computer program if such copy is made solely by virtue of the activation of a machine that lawfully contains an authorized copy of the computer program, for purposes only of maintenance or repair of that machine, if -

(1) such new copy is used in no other manner and is destroyed immediately after the maintenance or repair is completed; and

(2) with respect to any computer program or part thereof that is not necessary for that machine to be activated, such program or part thereof is not accessed or used other than to make such new copy by virtue of the activation of the machine.

(d) Definitions. -

For purposes of this section -

(1) the ''maintenance'' of a machine is the servicing of the machine in order to make it work in accordance with its original specifications and any changes to those specifications authorized for that machine; and

(2) the ''repair'' of a machine is the restoring of the machine to the state of working in accordance with its original specifications and any changes to those specifications authorized for that machine.

 

[Michael Wechsler]

It would seem that under 17 USC 117 you would be able to create one backup for archival purposes only if the manufacturer did not provide you with a backup copy. That said, there is an ongoing debate as to what you own, meaning whether you can transport the words from one format to another and, if there is copy protection to prevent you from doing such, whether circumventing that software might be considered an additional violation of the law. Lawrence Lessig is a well known scholar who has spoken on this topic and here is a link to an article discussing these issues... http://news-service.stanford.edu/news/2003/may14/public-514.html

 

[rlwaldrop]

I think the context is being misunderstood

Pardon me if I'm totally off and you're seeing a knit that I'm not, but I think we're talking about two different things.

The copyright law snippet you added was pertaining to software, but I'm asking about books (actually physical bound books, not ebooks) and their conversion to a format like Adobe .PDF format or similar.

Essentially I would like to take a hardbound copy of a book like "Anne of Green Gables," cut off the binding, put it through an industrial grade scanner with a document feeder and then archive the images or OCR'd text into a digital format.

I'm wondering if doing such a thing is within my legal rights and want to know the risks should my archive somehow be transmitted outside of my control (not that I have any intentions of leaking it out).

This isn't software but digitization of actual printed text.

Thanks!!!

--bob w.

 

[Michael Wechsler]

Re: I think the context is being misunderstood

Originally posted by rlwaldrop
Pardon me if I'm totally off and you're seeing a knit that I'm not, but I think we're talking about two different things.

The copyright law snippet you added was pertaining to software, but I'm asking about books (actually physical bound books, not ebooks) and their conversion to a format like Adobe .PDF format or similar.

Essentially I would like to take a hardbound copy of a book like "Anne of Green Gables," cut off the binding, put it through an industrial grade scanner with a document feeder and then archive the images or OCR'd text into a digital format.

I'm wondering if doing such a thing is within my legal rights and want to know the risks should my archive somehow be transmitted outside of my control (not that I have any intentions of leaking it out).

This isn't software but digitization of actual printed text.
--bob w.

You are correct and I read through the question too quickly. This is a tough question to answer and I'm not sure but here's my thought.

There was a well known case known as the "Betamax case" whose cite is SONY CORP. OF AMER. v. UNIVERSAL CITY STUDIOS, INC., 464 U.S. 417 (1984). It was based upon the following story. Sony Corp., the electronics giant, had begun to sell and push its VCR known as the "Betamax" by marketing its ability to record another show while you were watching the current one. In addition, if you were working and missed a TV show, you could have it record automatically and you could watch it later. Essentially you could "time shift" the program to watch it at a different time than it was broadcast.

Sony won its case and the time shifting principle may apply here. A change of the format of the book into a digital form for your own personal use might not violate copyright laws. There is also your right to make personal copies of copyrighted items as well. While I'm simplifying things, it would seem to me that if you digitized the book for your personal use that would be fine. However, if you were digitizing the books to create a personal library, it's difficult to say and the court seemed to lay off of the question as to whether taping several shows to create a video library would be out of the scope of the exception to copyright.