Forum - View topicNEWS: Creators/Publishers Issue Letter to Shops That Digitize Manga
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configspace
Posts: 3717 |
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That is not true in the US if you are making copies, undistributed, of something you own. Personal backups are legal. CDrips are legal. Microsoft and Apple wouldn't give you the ability to do that if that weren't the case since they'd be liable too. The plethora of online backup services would not allow you to make copies of your digital possessions (whose copyright you don't own) if that weren't the case either.
you are conflating making store policy with legality and distribution (in the fair use case you mentioned) with making copies purely for yourself like I mentioned. The only reason why some stores have that policy for photocopying is to remove any liability on their part. But in reality, it's no different than going into Kinkos, renting time on a computer with scanner and scanning your own book yourself. Which is again legal so long as it's not distributed (see above about backups). So why is having literally different hands doing the same task somehow any different?
They can say anything. The question is whether it can be enforced in every scenario. They can (and sometimes do) try to prevent reselling. But it's meaningless since First Sale allows you to do so.
again, we're not talking about distribution here as in the school distributing copies to students from one owner, nor is the store in this case selling copies, which is obviously illegal. The owner must bring his/her book to use the service. |
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Cutiebunny
Posts: 1747 |
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Yeah, I find this policy a real pain in the arse. I own a lot of anime production artwork (cels, sketches, etc.) and occasionally, I buy some items that are far too large for an A3 scanner to accommodate. If I go to Kinko's, I have to tell them that I personally painted the items myself. I hate having to lie to scan artwork that I own and that I solely intend to display in my online art gallery. I'm not out to 'steal' the character, I'm not selling the scans for profit and I absolutely hate the assumption that I'm a thief. That being said, I find it difficult to believe that anyone would pay several times over the copy of a tankobon for digital manga, especially when there are, albeit illegal, so many other websites that already feature this service. Perhaps it's because they're in English and many Japanese are not fluent in English? |
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Lightning Leo
Posts: 311 Location: Earth |
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My understanding is that, under the strictest interpretation of copyright law, there are no provisions specifically authorizing backup copies of works other than computer programs, and then only for archival purposes (section 117 of the Copyright Act). Although CD ripping and file copying to digital media devices is ubiquitous and for the most part unlitigated, the legality of it, and the protection of such activities under the fair use doctrine (section 107) still remains under contention. I think most copyright owners don't litigate civilly and most DA's don't exercise prosecutorial discretion to conduct criminal cases because, to be frank, making copies for personal use is benign and harmless. But that doesn't necessarily mean it's legal, and in fact the RIAA and MPAA have contended that very point. Are there extensions to Fair Use in the Digital Millennium Copyright Act? I'm not very familiar with it, so maybe your understanding of the legality of backup copies comes from there. I'm pretty sure statutory law makes no provisions for such copying, but maybe you're thinking about case law... Are there judicial interpretations establishing precedent that extends fair use protection to the kinds of personal use copying that you say is legal? I'm not a lawyer, so I honestly don't know. There have been notable exceptions before in other media, like the Audio Home Recording Act for cassettes or the Betamax case, though those were effective under specific circumstances and didn't concern digital media copying.
I wasn't conflating store policy with legality, though I can see how it might be read that way. I was pointing out that the copy shops you mentioned (Fedex/Kinko's) as places an individual could make copies of copyright material, on the contrary, actually have copyright infringement policies that disallow such copying. You are right that stores mitigate their liability by implementing such policies, and that it is not necessarily an indicator of the legality of such actions. Though it may sound otherwise, personally I think making copies of legally purchased products for personal use should be okay, for the most part it's harmless and in most circumstances ought to be covered by fair use. I'm just pointing out that AFAIK technically it isn't, and whether or not certain personal use copying instances are covered may vary based on judicial interpretation, jurisdiction, precedence or the circumstances of a case. If my understanding is somehow incorrect or incomplete, I would really appreciate someone letting me know and pointing out the relevant statutes or cases. |
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