Q: Is it legal to scan copyrighted books for archival purposes?
I was wondering if I could scan books still under copyright to archive them for personal use (or maybe allowing researchers to access it by request)?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In the United States, scanning copyrighted books for archival purposes, even for personal use, falls under the scope of copyright law. Copyright law typically protects original works of authorship, including books, for the lifetime of the author plus 70 years.
For personal archiving, the concept of "fair use" may apply, but it is a complex area and not automatically exempt from copyright infringement. Fair use is determined on a case-by-case basis, considering factors such as the purpose of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work.
Allowing researchers access to these scans, even by request, can be more legally risky. This could be seen as distribution, which is a right reserved for the copyright holder. It's important to note that providing access, even in a limited manner, can impact the market for the original work, which is a key factor in fair use analysis.
It's advisable to consult with a lawyer experienced in copyright law to discuss the specifics of your situation. They can provide guidance tailored to your circumstances, considering the latest legal precedents and the specific works you wish to archive.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
