# Would it be illegal to photograph a book from a bookstore? **URL:** \ **Category:** Factual Questions\ **Created:** [April 14, 2009, 7:51pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106 "2009-04-14T19:51:49Z")\ **Posts on this page:** 13\ **Page:** 1
**Author:** ![Rigamarole](https://avatars.discourse-cdn.com/v4/letter/r/77aa72/32.png) [@Rigamarole](https://boards.straightdope.com/u/Rigamarole)\ **Post date:** [April 14, 2009, 7:51pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/1 "2009-04-14T19:51:49Z")
I was browsing a local bookstore recently and came across a really marvelous collection of architecture in one of those huge high-quality color photo books that costs a fortune. Imagine someone came in with a camera and went through the book methodically photographing every page and then left without buying the book. Would it be illegal if all they did was use the photographs for their own viewing? ---
**Author:** ![Mr.Slant](https://avatars.discourse-cdn.com/v4/letter/m/c57346/32.png) [@Mr.Slant](https://boards.straightdope.com/u/Mr.Slant)\ **Post date:** [April 14, 2009, 8:04pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/2 "2009-04-14T20:04:54Z")
Unless the text of the book was in the public domain, that would constitute a copyright violation. > **[Rights Granted Under Copyright Law (BitLaw)](https://www.bitlaw.com/copyright/scope.html)** > > This section of BitLaw details the exclusive rights granted to a copyright owner by U.S. copyright law, namely the rights to reproduce, prepare derivative works, distribute copies, perform the work, and display the work. ---
**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\ **Post date:** [April 14, 2009, 8:06pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/3 "2009-04-14T20:06:42Z")
Unless they have written permission of the copyright holder it’s illegal. Also the store wouldn’t have to allow you to photograph the book even if you had permission, because the store owns that copy. Nothing grants you the rights to copy a book for personal use. You want it, you buy it. ---
**Author:** ![Rigamarole](https://avatars.discourse-cdn.com/v4/letter/r/77aa72/32.png) [@Rigamarole](https://boards.straightdope.com/u/Rigamarole)\ **Post date:** [April 14, 2009, 8:08pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/4 "2009-04-14T20:08:43Z")
That’s kind of what I figured, although I’m wondering if a digital image, if it’s never committed to a hard copy and never shown to anyone, still counts as a reproduction. ---
**Author:** ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)\ **Post date:** [April 14, 2009, 8:08pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/5 "2009-04-14T20:08:49Z")
I guess the closest paralell would be taking a Video Recorder into a movie show and recording the movie for your own use. Or in the old days you used to be able to go into a “listening booth” and listen to vinyl album. Some people would bring portable tape recorders. Of course in both cases the quality is bad. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [April 14, 2009, 8:12pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/6 "2009-04-14T20:12:21Z")
> [@Rigamarole](#): > > Would it be illegal if all they did was use the photographs for their own viewing? Let’s not confuse illegal and criminal. It would be infringement: [17 U.S. Code § 501 - Infringement of copyright | U.S. Code | US Law | LII / Legal Information Institute](http://www4.law.cornell.edu/uscode/17/usc_sec_17_00000501----000-.html) which would subject the photographer to civil penalties. It would probably not be a crime, given this assumption: [17 U.S. Code § 506 - Criminal offenses | U.S. Code | US Law | LII / Legal Information Institute](http://www4.law.cornell.edu/uscode/17/usc_sec_17_00000506----000-.html) ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [April 14, 2009, 8:15pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/7 "2009-04-14T20:15:01Z")
> [@Rigamarole](#): > > That’s kind of what I figured, although I’m wondering if a digital image, if it’s never committed to a hard copy and never shown to anyone, still counts as a reproduction. > [@](#): > > “Copies” are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term “copies” includes the material object, other than a phonorecord, in which the work is first fixed. [17 U.S. Code § 101 - Definitions | U.S. Code | US Law | LII / Legal Information Institute](http://www4.law.cornell.edu/uscode/17/usc_sec_17_00000101----000-.html) ---
**Author:** ![Reply](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/reply/32/15952_2.png) [@Reply](https://boards.straightdope.com/u/Reply)\ **Post date:** [April 14, 2009, 8:16pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/8 "2009-04-14T20:16:26Z")
> [@Rigamarole](#): > > That’s kind of what I figured, although I’m wondering if a digital image, if it’s never committed to a hard copy and never shown to anyone, still counts as a reproduction. Definitely. Did you miss out on the whole music piracy and filesharing situation over the last decade? ---
**Author:** ![hobscrk777](https://avatars.discourse-cdn.com/v4/letter/h/a6a055/32.png) [@hobscrk777](https://boards.straightdope.com/u/hobscrk777)\ **Post date:** [April 14, 2009, 8:23pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/9 "2009-04-14T20:23:27Z")
> [@Harmonious\_Discord](#): > > Nothing grants you the rights to copy a book for personal use. You want it, you buy it. Even if you own it? Suppose you buy the physical copy and then copy it, intending to load it onto your own personal e-book reader. This is analogous to ripping a CD to load the songs on a personal mp3 player. Is the former example illegal, while the latter is legal? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [April 14, 2009, 8:29pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/10 "2009-04-14T20:29:34Z")
> [@hobscrk777](#): > > Even if you own it? Suppose you buy the physical copy and then copy it, intending to load it onto your own personal e-book reader. This is analogous to ripping a CD to load the songs on a personal mp3 player. Is the former example illegal, while the latter is legal? It’s a bit more complicated than that. We talked about it some here: [Can I legally copy my music then sell the originals? - Factual Questions - Straight Dope Message Board](http://boards.straightdope.com/sdmb/showthread.php?t=374686) and in some other threads that I’ll have to dig for later. ---
**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\ **Post date:** [April 14, 2009, 8:36pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/11 "2009-04-14T20:36:05Z")
> [@hobscrk777](#): > > Even if you own it? Suppose you buy the physical copy and then copy it, intending to load it onto your own personal e-book reader. This is analogous to ripping a CD to load the songs on a personal mp3 player. Is the former example illegal, while the latter is legal? That’s taking the comment out of context. The comment is intended for the book in the store you didn’t buy. ---
**Author:** ![Exapno\_Mapcase](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/exapno_mapcase/32/1051_2.png) [@Exapno\_Mapcase](https://boards.straightdope.com/u/Exapno_Mapcase)\ **Post date:** [April 14, 2009, 8:53pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/12 "2009-04-14T20:53:37Z")
> [@hobscrk777](#): > > Even if you own it? Suppose you buy the physical copy and then copy it, intending to load it onto your own personal e-book reader. This is analogous to ripping a CD to load the songs on a personal mp3 player. Is the former example illegal, while the latter is legal? It’s still infringement in the way that making a photocopy of an entire book is an infringement even if you didn’t intend to sell it. ---
**Author:** ![hobscrk777](https://avatars.discourse-cdn.com/v4/letter/h/a6a055/32.png) [@hobscrk777](https://boards.straightdope.com/u/hobscrk777)\ **Post date:** [April 14, 2009, 9:13pm UTC](https://boards.straightdope.com/t/would-it-be-illegal-to-photograph-a-book-from-a-bookstore/493106/13 "2009-04-14T21:13:15Z")
> [@Harmonious\_Discord](#): > > That’s taking the comment out of context. The comment is intended for the book in the store you didn’t buy. Duly noted. My question was more of a partial thread hijack. Let me reverse the situation. If I own an ebook, am I within my rights to print it out so I can read it on the crapper? If so, why is this not a two-way street? (Maybe this necessitates starting a new thread)