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[IP] Scanning Copyrighted Works -- reissuing old material digitally





Begin forwarded message:

From: Marty Lyons <marty@xxxxxxxxxxxxxx>
Date: August 12, 2005 11:00:52 PM EDT
To: dave@xxxxxxxxxx
Subject: Scanning Copyrighted Works -- reissuing old material digitally



Dave, for IP, if you wish:


The Google copyright issue is a larger and more complex version of what to do with personally acquired written works. I've got a room full of technical books, or the equivalent of a big dead tree with ink on it. The value in those possessions has little to do with the craft of bookbinding or layout, but in the information itself. Often I'm on the road and need access to something in the library -- having it where I'm not doesn't do any good. Not to mention reference/text books are heavy and take up way too much physical space.

I've had several interesting discussions with intellectual property lawyers of the legality of making my own personal digital archive as PDF files. That would certainly solve the problem of access to the material, and even make it searchable. The wall-o-books might be reduced to several DVDs, and I could reclaim part of my office. In the process, the books would likely be destroyed, as the bindings would be removed to feed the pages into a scanner.

Unfortunately, every book seems to have its own unique language on what I can do with it, but the gist of all the copyright restrictions is that I can't do what I need to do -- make a digital backup copy. Just to cite an example, here's the copyright statement of Knuth's Fundamental Algorithms:

"No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher."

I already paid (a substantial sum) for the books and see no reason to buy them again. A digital library would be for my own use, and would have much greater value if in digital form. But if I follow the (implied) contract inside every cover, I'd be breaking the law.

But here's the reason it hasn't happened: doing the work would take months of time. I'd rather *buy this stuff again* digitally as DRM- free files and then donate the books I have to a university or high school. But no one will sell them to me.

O'Reilly is doing something interesting with it's Safari Bookshelf product, but I found it too cumbersome and slow to use. Somewhere in the bowels of publishing houses, I imagine most books printed in the last 20 years are still archived in some digital form. It would cost little to make those files available as PDF files -- maybe for sale at reasonable prices.

What would I pay to have a PDF file of the three volume set of Knuth? $5 per book seems reasonable. At those prices, engineering students could own a legal copy of the best reference works in their discipline without going broke (ask a student about the absurd price of textbooks nowadays; only slightly less ludicrous than the price of academic journals).

Forgetting for a moment the problem with putting new books online in digital form, think of the value the publishers of the world could provide by selling un-DRM-encumbered copies of long forgotten texts they've already invested in.

/Marty








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