Well, here comes another can of worms involving copyright and 
technology.  Add to the mix a little cost-effectiveness and library policy 
and I come up with a quandary.

We have had a policy of making photocopies of reference books, including 
mishnah and gemara, for students at no cost to them.  Our photocopy bills 
have been outrageous this last year.  I am thinking of using a high-quality 
scanner to cut costs and to make the work (in titles not bound by 
copyright) accessible to students who would then borrow the disk (either CD 
or floppy) and return it.  It would also save wear and tear on the volumes 
to scan them rather than photocopy.

I have floated this idea to one of our rebbeim who is very technology 
savvy.  He questions whether or not it is legal under both Jewish law and 
secular law to use the technology to do essentially the same thing we did 
with photocopying.  For some reason, the prevailing thought here is that 
using the technology makes it less acceptable to copy for what I would 
consider fair use.

Is there any legal basis to the belief that scanning to disk for loan is 
less legal than photocopying for fair use?  Is there any basis in Jewish 
law for not scanning pages of gemara and mishnah to disk?  We are not 
thinking of reproducing the material for profit but rather for research 
purposes in the writing of student papers.

Any approaches to any of these issues will be greatly appreciated.

Anne Jaron
Library Director
Hebrew Academy of Nassau County
215 Oak Street
Uniondale, NY  11553
[EMAIL PROTECTED]

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