APG-L Archives

Archiver > APG > 2004-07 > 1088804671


From: "Kevin Sholder" <>
Subject: RE: [APG] heads up on copyright infringement issues
Date: Fri, 2 Jul 2004 17:44:31 -0400
In-Reply-To: <NOEPIEMAHCACPBFFECMLCEDLCGAA.SHIRELTD@comcast.net>


"Circular 21" from the copyright office covers fair use:

Reproduction of Copyrighted Works
http://www.copyright.gov/circs/circ21.pdf

Kevin

-----Original Message-----
From: Michael Hoffman [mailto:]
Sent: Friday, July 02, 2004 5:17 PM
To:
Subject: RE: [APG] heads up on copyright infringement issues

Craig wrote:
>The terms of "fair use" would not apply in this circumstance, since the
>provider of the service stands to obtain commercial benefit at the
>expense of the copyright holder

Craig, I agree that the central question is "Does this service violate the
fair use rule or not but I would like to hear how you feel that this
instance differs from the following:
1. Library or repository offers a copy service. For Instance, Godfrey
Memorial Library currently charges 1.50 per book plus 20 cents per page plus
shipping and handling with a $6.00 minimum order.
2. Hiring a genealogist living near a library or repository to copy those
pages relevant to a research project.
3. Copying the page or pages of interest your self for a client. In this
case, you stand to gain commercial benefit since you will charge the client
your time plus direct expenses.

This seems to be a two edged sword. To quote Trevia Wooster Beverly, "As an
author/compiler I know that I like to sell books! But then, in today's world
I know that once a copy goes to a library that lessens my chance to sell any
number of copies - people will use it there instead of personally"

On the one hand, to the extent that we rely of publishing as part of the
income stream, inclusion in libraries will reduce that income yet how much
more would our income be reduced if there where no books of interest to
genealogist in the libraries?



Michael Hoffman, PMP






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