I seriously doubt that they'd have a problem making a case against "fair
use" being that the material had been put on a PC, and could then be easily
distributed above and beyond the email to the copyright owner.

The publisher has no way of knowing to what use the copied material will be
put; at that point it's out of their control. If I was the publisher, I'd
sue to regain control over material that could potentially cost me sales on
that specific product, and future product, when people see that I can't
control what happens to the copyrighted material.

A nice publisher might agree that what he was sent for his consideration was
"fair use," or might not care, or might even believe (correctly or not),
that the sender would never re-send the material to anyone else. There's no
way that I'd put myself in the position of having to rely on the good will
of the publisher; you just can't know what someone will do. If someone
wanted to do this, I'd ask the publisher for permission first. It might be
extreme to some to worry about it, but the publisher might be pleased and/or
swayed that someone would ask first.

BTW it sounds as if you're referring to making a "back-up." As in a archive
or back-up of a computer disk or program. That's usually granted by the End
User License Agreement (EULA), not by copyright law. In any case, IANAL, but
I don't believe that it applies to converting written material to electronic
copies; sorta what the copy *right* is all about. If anything, you might be
more within the rights granted by the EULA to convert the electronic version
to printe-- oh, yeah, that's what the book is for.

Thanks,
Rich

--

For every action there is an equal and opposite criticism.

> From: "Justin Bacon" <[EMAIL PROTECTED]>
> Reply-To: [EMAIL PROTECTED]
> Date: Mon, 02 Sep 2002 15:57:25 +0000
> To: [EMAIL PROTECTED]
> Subject: [Ogf-l] Re: Ogf-l digest, Vol 1 #560 - 18 msgs
> 
>> Usually the copyright block says "All Rights Reserved" and something
>> like not reproducing in any medium, including electronic means. Posting it
>> would mean that you were showing you'd already done it, by entering it into
>> your PC.
> 
> Except you have a right to archive it under copyright law, so long as the
> archive is for personal use. IANAL, but I suspect that mailing your archive
> copy to the owner of the copyrighted material would not constitute a
> copyright violation.
> 
> Justin Bacon
> [EMAIL PROTECTED]

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