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

[Tom Wiltshire]

Whilst what you say is true, I think you're somewhat missing the point, Neil.

If David scans Bernie's electronotes on Bernie's behalf and then sends him the results, does it make any difference how much (if anything) Bernie pays David for that service? (That was Tom B's point).

Obviously if David just takes it upon himself to scan all the material without the copyright holders permission, then there's a copyright violation, but that isn't what was being suggested.

Anyway, the simplest solution would be the "peppercorn rent" idea - draw up a contract and pay David $1 for the scanning service. Then Bernie has scanned files he can use commercially with no problems, even if payment is required to make it legal.

Tom


On 5 Jul 2017, at 13:44, Neil Johnson <neil.johnson71 at gmail.com> wrote:

> 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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