Legal Question in Intellectual Property in New York

Copying books/textbooks by hand.

Would it be an infringement of copy write law if I copied say a calculus textbook that is a current edition and then sold it for say, half the price? I mean is there anything about a photocopy machine or copier that makes such an endeavor any more illegal?


Asked on 1/14/07, 7:39 pm

1 Answer from Attorneys

Gerry Elman Elman Technology Law, P.C.

Re: Copying books/textbooks by hand.

Yes, it would be copyright infringement to make a copy of a recently published textbook by a photocopier, especially if the copy is then sold.

Yes, there are some instances where an act of infringement is more outrageous than usual, and that is often referred to as "willful infringement." In contrast, there are some instances where the act of infringement isn't considered as being so bad, and that is often referred to as "innocent infringement."

A different perspective is that there are some acts of copying that are not actionable copyright infringement, and those acts are referred to as "fair use." What you describe doesn't seem to me to be "fair use."

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Answered on 1/14/07, 8:03 pm


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