Hi,
Looking on the copyright site under Copyright
Law, Chapter 1, ยง107.
(http://www.copyright.gov/title17/92chap1.html#107)
Limitations on exclusive rights: Fair use
"Notwithstanding the provisions of sections 106
and 106A, the fair use of a copyrighted work,
including such use by reproduction in copies or
phonorecords or by any other means specified by
that section, for purposes such as criticism,
comment, news reporting, teaching (including
multiple copies for classroom use), scholarship,
or research, is not an infringement of copyright.
In determining whether the use made of a work in
any particular case is a fair use the factors to
be considered shall include -
(1) the purpose and character of the use,
including whether such use is of a commercial
nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion
used in relation to the copyrighted work as a
whole; and
(4) the effect of the use upon the potential
market for or value of the copyrighted work.
The fact that a work is unpublished shall not
itself bar a finding of fair use if such finding
is made upon consideration of all the above
factors."
This would seem to let researchers, whether
students, grad students, or tother scholars to
make what used to be called "desk copies" without
fear of violating copyright laws, at least based
on my admittedly legally-under-educated
reading... However, there does appear to be a lot
more of the statute that I haven't read.
Best,
Stefan
>
>L. Brian Patrick wrote:
>> Hello everyone!
>>
>> 1 person was quite adamant about not photocopying/scanning the book,
>> saying it is a "blatant violation of copyright" and I would "be stealing
>> right from [the authors'] pockets." Is it okay for me to photocopy/scan
>> the whole book if both authors are dead, the book is out of print, the
>> publisher is defunct, and there are no copies to be located despite an
>> enormous effort to find a copy? I would not be distributing the
>> material, nor would I be using it for a class or with students or
>> others-- pretty much for my own use only.
>>
>> Thanks again, everyone, for all the help!
>>
>> Brian Patrick
> >
>
--
========================================================================
Stefan Hames, PhD
Research Associate
Conservation Science
Cornell Laboratory of Ornithology
159 Sapsucker Woods Road
Ithaca, NY 14850
Phone: 607-254-2496 (lab)
607-254-2104 (fax)
607-273-4915 (home)
<mailto: [EMAIL PROTECTED]>
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