Legal Question in Intellectual Property in New York

Is it illegal to make photocopies of printed books in the reference section in t

My question is simple. i would like to make photocopies, or use my digital camera to take pictures of certain pictures in the reference section for personal use. I will never reproduce the pictures taken onto paper and will be kept in digital form always. i will never spread the pictures.

am i breaking the law?


Asked on 12/11/03, 1:24 am

2 Answers from Attorneys

Harold Burstyn Harold L. Burstyn Attorney-at-Law

Re: Is it illegal to make photocopies of printed books in the reference section

It's probably a fair use so long as you limit the copies to your personal use.

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Answered on 12/11/03, 9:18 am
Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Is it illegal to make photocopies of printed books in the reference section

I respectfully disagree with Mr. Burstyn's comments. Section 107 of the copyright act provides a fair use defense "for purposes such as criticism, comment, news reporting, teaching ..., scholarship or research," but not "personal use." Factors such as purpose and character of use, amount and subsantiality of the portion used and effect of the use upon the potential market for the work are also considered. So if the copying deprives the copyright owner of a sale, you may be in infringement.

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Answered on 12/18/03, 4:19 pm


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