[sdiy] Can anyone OCR the AN23.PDF File Here?

[Neil Johnson]

Tom Bugs wrote:
> " If scans are not paid for, they can not be used commercially."
>
> I have no idea what this could mean!

It means that if you didn't acquire the scans, whether for a fee or free,
from the copyright owner (Bernie in this case) then whoever made the scans
is violating copyright law.

> Why would having the scanning done for free have any influence on whether
> you could sell the results?

Because it violates copyright law.

There are provisions in many country's copyright laws to allow universities
to scan or photocopy sections of copyrighted materials for educational
purposes only.  For example:
http://copyright.ubc.ca/guidelines-and-resources/copyright-guidelines/

Section 3.B says:




*Reproduction for Private Purpose (aka ‘form-shifting exception’):An
individual may reproduce, for a private purpose, any work, if the source
copy was legally obtained and the individual does not circumvent an access
Digital Lock (see above) in order to reproduce the work. For example, this
allows you to copy a song purchased from iTunes from your computer onto a
device, such as an iPod, or files from a legally purchased CD to your
computer. This exception does not allow you to:*

   - *copy songs onto a CD or mini-disc (or any other audio recording
   medium);*
   - *give the reproduction away; or*
   - *keep the reproduction if the original version is given away, rented
   or sold.*

So someone can legally format shift for their own personal use.  But if
they were to give the reproduction away they have violated copyright.  And
emailing free copies to Bernie does not grant them retrospective permission
to scan - if anything it notifies the copyright owner of a violation.

To take Steve's example, suppose that person who bought (or was given,
doesn't matter) the cassette, transferred it to CD and then sent Steve a
copy FOR FREE then Steve is perfectly within his rights to call in his
lawyer and slap that person with copyright violation.  Of course, he
doesn't have to but it is still his right.  And here's the amusing part:
the CD version could be construed as a derivative work, so Steve would have
to negotiate terms with the cassette copier in order to make copies of the
CD for sale.

http://www.copyrightservice.co.uk/copyright/p22_derivative_works.en.htm

Neil
--
http://www.njohnson.co.uk
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