Let us assert they are fully within their rights to make the claim they have made, that being, it is illegal for you or I to receive a copy of any public domain image n from their collection without entering a legally binding contract. I then initiate a HTTP_REQUEST for n n after receiving it.
Then, without asking me about the nature of either my request or my future intentions, they not only freely give me n outright, but they make the copy for me , paying for the CPU cycles, implicated man hours, and outgoing bandwidth along the way.
Because of the legally binding contract we are engaged in, and because they choicefully remained ignorant of my intentions, they facilitated a crime against themselves .
How 'bout dem apples?
alterego:
Let us assert they are fully within their rights to make the claim they have made, that being, it is illegal for you or I to receive a copy of any public domain image n from their collection without entering a legally binding contract. I then initiate a HTTP_REQUEST for n n after receiving it.
Then, without asking me about the nature of either my request or my future intentions, they not only freely give me n outright, but they make the copy for me , paying for the CPU cycles, implicated man hours, and outgoing bandwidth along the way.
Because of the legally binding contract we are engaged in, and because they choicefully remained ignorant of my intentions, they facilitated a crime against themselves .
How 'bout dem apples?
Sounds like something that will make a jury’s head explode.
I believe it is ok to bump an old thread to provide an update. I have come across some new information that was not brought up by the New York Public Library Digital Gallery or any dopers. It occurs in § 108. Limitations on exclusive rights: Reproduction by libraries and archives :
(d) The rights of reproduction and distribution under this section apply to a copy, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, of no more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy or phonorecord of a small part of any other copyrighted work, if —
(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would be used for any purpose other than private study, scholarship, or research ; and
(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.
(e) The rights of reproduction and distribution under this section apply to the entire work, or to a substantial part of it, made from the collection of a library or archives where the user makes his or her request or from that of another library or archives, if the library or archives has first determined, on the basis of a reasonable investigation, that a copy or phonorecord of the copyrighted work cannot be obtained at a fair price, if —
(1) the copy or phonorecord becomes the property of the user, and the library or archives has had no notice that the copy or phonorecord would** be used for any purpose other than private study, scholarship, or research**; and
(2) the library or archives displays prominently, at the place where orders are accepted, and includes on its order form, a warning of copyright in accordance with requirements that the Register of Copyrights shall prescribe by regulation.
I went looking for this after another Public Domain website was recently launched, namely, OurDocuments.gov . While reading their copyright I found this:
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. This law provides that under certain conditions libraries and archives are authorized to furnish a photocopy or other reproduction of materials. One of these specific conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If you use a photocopy or reproduction for purposes in excess of “fair use,” you may be liable for copyright infringement.
None of that applies to work in the public domain. Read sections d and e. “of a copyrighted work”
