Re: The Seven Types Of Pirate

Kirk McElhearn <[email protected]>
Newsgroups gmane.culture.literature.ebook-community
Message-ID <[email protected]>
On Oct 19, 2010, at 1:38 AM, Lee Passey wrote:

>>> 
>>> I'm not convinced that making a copy of a book you own, either via
>>> photocopy or scanning, is fair use. I'm not aware of any court
>>> decision which has considered this question. This is not
>>> surprising, when you consider that most small-scale copyright
>>> infringement is not criminal in nature, but is civil. Thus, if you
>>> photocopied a novel, for example, the author could sue you for the
>>> infringement, but would be required to prove that s/he has been
>>> damaged by the infringement. Because there is no damage, you will
>>> certainly not be sued, but this does not mean you haven't
>>> infringed. You have committed a sin as egregious as driving 5 mph
>>> over the speed limit.
>> 
>> Actually, that's not true. Copyright law expressly allows an
>> individual to make a copy of something they own for their own use.
>> 
>> I'll give you an example. You can translate a book, even if it's not
>> in the public domain, as long as it's for personal use and is not
>> shared or sold. You could make an audiobook as well. This is a
>> standard, well recognized principle of copyright. However, once you
>> share it or make financial gain, then you're in violation.
> 
> I'm still not convinced, at least not in my jurisdiction. Please provide 
> a citation to a specific portion of the copyright act which acknowledges 
> this exception, or a citation to a court case recognizing this as a 
> "fair use."

Do you have an iPod with music on it? That's copying for personal use.


Kirk

*Author of Take Control of iTunes 10: The FAQ*
http://www.mcelhearn.com/itunes
Twitter: @mcelhearn








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