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Subject:
Selling Backups Alongside Originals
Category: Relationships and Society > Law Asked by: thehomeland-ga List Price: $4.00 |
Posted:
22 Nov 2004 20:46 PST
Expires: 22 Dec 2004 20:46 PST Question ID: 432673 |
Is it (il)legal, according to copyright law, to sell the personally-allowable backup of a given media as long as it is sold with the original copy as a bundle? For instance, I have considered selling back issues of a magazine in such a way that an image-scan of the magazine is made and burnt to CD so I could be able to read the magazine on the computer -- a legitimate fair-use duplication while still owning the original -- but then selling the magazine online INCLUDING the disc I made as an incentive to buy the bundle. Instead of selling the copy, which would be illegal, the original is included with the duplicate as a bundle -- would that nullify the illegality of selling copies? |
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There is no answer at this time. |
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Subject:
Re: Selling Backups Alongside Originals
From: probonopublico-ga on 22 Nov 2004 21:57 PST |
That would be breach of copyright. |
Subject:
Re: Selling Backups Alongside Originals
From: winsplit01-ga on 23 Nov 2004 00:14 PST |
Definitely not allowed. |
Subject:
Re: Selling Backups Alongside Originals
From: ipfan-ga on 29 Nov 2004 16:04 PST |
I think the problem is in your assertion that the act of burning the back issues to CD is "a legitimate fair-use duplication while still owning the original." US copyright law does not give you the right to make a personal back-up archival copy of printed media like magazines. And even if you brought the act of burning the CD in under fair use, you have no right to sell those copies since you vitiate fair use by depriving the copyright owner of revenue (the buyer buys the copies from you, not the copyright owner). You may find it instructive to compare the result if your question contemplated software instead of magazines. See 17 USC section 117 (http://caselaw.lp.findlaw.com/casecode/uscodes/17/chapters/1/sections/section_117.html). |
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