RE: a question on scanning

["Humphrey, Brenadine Ms" <humphreyb@xxxxxxxxxxxxxxxxxx>]

I think the question with Sec. 121 is the "for an authorized entity"
stipulation. Although I agree, it seems likely that the original material is
no longer protected.

' 121. Limitations on exclusive rights: reproduction for blind or other
people with disabilities
(a) Notwithstanding the provisions of section 106, it is not an infringement
of copyright for an authorized entity to reproduce or to distribute copies or
phonorecords of a previously published, nondramatic literary work if such
copies or phonorecords are reproduced or distributed in specialized formats
exclusively for use by blind or other persons with disabilities.


And while this doesn't answer the question, it is relevant: the US Copyright
Office has a Notice of Inquiry and Request for Comments at:
http://www.copyright.gov/docs/sccr/ on a "treaty proposal introduced by the
delegations of Brazil, Ecuador, and Paraguay, which would mandate certain
exceptions and other practices regarding the cross-border import, export and
qualified distribution of copyrighted works for the blind, visually impaired,
and other reading disabled persons, without permission of the rights
holders."

Comments are being accepted through 13 NOV 09.

-Brenadine


Brenadine Carol Humphrey
Copyright Specialist
George C. Marshall Center
College of International Security Studies
DSN 314.440.2699
COM +49 (0)8821 750.2699
humphreyb@xxxxxxxxxxxxxxxxxx

-----Original Message-----
From: Peter Hirtle [mailto:pbh6@xxxxxxxxxxx]
Sent: Monday, November 09, 2009 3:33 PM
To: Hudock, Sandy L; digital-copyright@xxxxxxxxxxxxxx
Subject: Re: a question on scanning

At 08:41 AM 11/6/2009 -0700, Hudock, Sandy L wrote:
>One of my colleagues is trying to find out the copyright status on this
>title in order to be able to scan it for use by a visually disabled
>student at our
>university:
>
>Title: The story of Teapot Dome.

Sandy:

In Copyright & Cultural Institutions
(http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1495365), I present a
workflow that can be followed when thinking about digitization.

In this case, I would start by asking if the 1924 original is in the public
domain (and is the reason why Burt Franklin reprinted it).  I find no
evidence that the 1924 book was renewed for copyright, so I believe we can
assume that it is public domain.  The title has already been digitized by
California and is in the Hathi Trust collection (albeit closed), but I would
contact them using the procedures on their help page to see if they could
immediately release this as an open work.

If you really want to digitize the reprint, you next have to ask whether Burt
Franklin added any new copyrighted content when it published the reprint.
The book does not show up in the Stanford or Copyright Office databases
(though the latter is from 1978), which suggests to me that the work was
never registered for copyright.  This greatly reduces any potential harm that
could accrue by digitizing it.  I would look and see, however, if it was
published with a copyright notice.  If it was, then I would check and see if
there was any new content since that is the only stuff that could be
protected.

Lastly, don't forget Section 121 of the Copyright Act.  Under this section,
it is not an infringement to reproduce "published, nondramatic literary work
if such copies... are reproduced or distributed in specialized formats
exclusively for use by blind or other persons with disabilities."
"Specialized formats" includes "braille, audio, or digital text which is
exclusively for use by blind or other persons with disabilities."  This would
suggest to me that you could make a digital copy of the work for the use of
the student so long as it is for that student's exclusive use.





Peter B. Hirtle
US History and General History Bibliographer Senior Policy Advisory Cornell
University Library
221 Olin Library
Ithaca, NY  14853
peter.hirtle@xxxxxxxxxxx
t.  607.255-4033
f.  607/255-2493

Purchase request: http://www.library.cornell.edu/services/purchase.html