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Re: Scanning and copyright question



I would suggest that you refer to the following sites for further
information on copyright law:

NEDCC's "Handbook for Digital Projects" has an excellent chapter on
"Overview of Copyright Issues."  See:
http://www.nedcc.org/digital/dighome.htm

And, of course, there's the Library of Congress' site on Copyright Basics
at: http://www.loc.gov/copyright/circs/circ1.html This contains additional
links to copyright law, FAQ's, etc.

My response:  Would you photocopy this record upon request?  If so, I see
little difference in scanning it as an alternative to photocopying.  If you
wouldn't photocopy it, then don't scan it either.

FYI.  Here is the statutory reference for "fair use":

§ 107. Limitations on exclusive rights: Fair use38
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The fact that a work is unpublished shall not itself bar a finding of fair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.



Paul R. Bergeron
City Clerk
229 Main Street
Nashua, NH 03060
Telephone: 603/589-3010
Fax: 603/589-3029
http://www.gonashua.com/



-----Original Message-----
From: Lisa Moellering [mailto:lmoellering@HMH.ORG]
Sent: Wednesday, January 02, 2002 12:04 PM
To: ARCHIVES@LISTSERV.MUOHIO.EDU
Subject: Scanning and copyright question


Dear Colleagues:

We recently had a request from a patron to scan images for her from several
of our books to use in a class project.  we have never done this before (we
actually just received a scanner). One of my co-workers told her we would be
happy to do this for her - so I am in a spot here - since this is a class
project I know that "fair use" can come into play - however I am a bit
uncomfortable about us doing the scanning with regard to copyright
implications.  Any thoughts or comments are appreciated.

Thanks very much.

Regards,

Lisa Moellering
Archives and Research Services
Holocaust Museum Houston
5401 Caroline Street
Houston, Texas 77004
713.942.8000 ext. 110
713.942.7953 (fax)
lmoellering@hmh.org
www.hmh.org

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