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

[Neil Johnson]

I guess you missed the bit where David said he would use a scanner at his
place of work (university).  Scanning a few pages would probably go
unnoticed, scanning 6000+ pages would definitely raise some eyebrows and
might invoke some pointy questions.  Especially since the copyright owner
has said he doesn't want this to happen.

Neil

On 5 July 2017 at 14:58, Tom Wiltshire <tom at electricdruid.net> wrote:

> 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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