PDF Book Scans

cormie

Hi,
I'm just wondering, if somebody was to buy a book in a shop and scan it to a PDF file would it:

a) be illegal to do this even if it was just for their own personal use?
b) only be illegal if they distributed it?
c) be legal to keep for personal use and also distribute?

Any feedback appreciated:)

seamus

Irish copyright law doesn't necessarily allow for a person to reproduce a works, even for their own use.

What you describe is essentially the same thing as ripping a CD onto an mp3 player. Technically, a person may make a copy of a copyrighted works, provided that it's
a) "Incidental and transitive"
b) For use only in the same capacity as the initial copyright.

This means that you could make a copy, for example to show at a private party, provided that you deleted the copy when you were done and didn't provide it to anyone else.

dermot_sheehan

cormie wrote:

Hi,
I'm just wondering, if somebody was to buy a book in a shop and scan it to a PDF file would it:

a) be illegal to do this even if it was just for their own personal use?
b) only be illegal if they distributed it?
c) be legal to keep for personal use and also distribute?

Any feedback appreciated:)

A) Infringement according to s. 37 of the copyright and act 2000
http://www.irishstatutebook.ie/ZZA28Y2000S37.html but s. 50 defence of fair dealing would probably kick in http://www.irishstatutebook.ie/ZZA28Y2000S50.html

s. 50 defence would expressly not kick in due to terms of s. 50 sub-section 3 http://www.irishstatutebook.ie/ZZA28Y2000S50.html

c) personal use s. 50 defence, distribution no s. 50 defence

cormie

Thanks for the replies. Very helpful.

Does this mean educational books are ok to be scanned and distributed so


EDIT: woops, never read from B to C in your post, so the answer the my above Q is no? It says:

(b) in any other case, the person copying knows or has reason to believe that the copying will result in copies of substantially the same material being provided to more than one person at approximately the same time and for substantially the same purpose.

Does this mean it's not ok to distribute on a mass scale (say put it up for download somewhere) but what if somebody was to request the info and the person who scanned it, emailed it to them one by one?

dermot_sheehan

No as: s. 50(3)(b) material is being to more then one person at the same time.

Fair dealing covers a situation where you scan a book and keep it on your hard drive and access it only yourself. Basically it doesnt cover distributing works.

cormie

Ah ok:)

Would it be illegal to lend the computer to a friend and for them to view it while you were at home reading the very same book? Getting ridiculous here but just curious.:)

dermot_sheehan

Well the general idea of the law is that you can make copies for private use provided you don't distribute the copies and the copy made doesn't unduly interfere with the rights of the copyright holder.

In the scenerio you outlined you will be distributing a copy. You also will be unduly interfering with the copyright holder's rights since they can not sell a copy to your friend since you've given them a copy.

cormie

Gotcha, thanks for the very helpful replies, again:)