[free-sklyarov] AAP Position Paper on Scanning

[Karsten M. Self]

on Thu, Sep 27, 2001 at 10:30:50AM +0200, David Haworth (david.haworth at altavista.net) wrote:

> And the following paragraph is a complete distortion of the truth:
> 
> > Manipulation A digital version can be easily manipulated in a
> > computer: content can be deleted, distorted or modified; identifying
> > materials, information, and copyright ownership indicia can be
> > separated from the page or removed. Manipulation can occur with both
> > page images and digitized text. Distribution of the manipulated
> > version compromises the reliability of the underlying work, does a
> > disservice to the reader, and damages creators and copyright owners.
> 
> After a digital version has been so manipulated, it is no longer
> the original work, and so whether is is still subject to the copyright
> of the original author is debatable and will depend on several
> factors, including:

This will vary by jurisdiction.  In the US, significant quotation may
still be copyright violation.  This is a problem particularly in domains
such as "found" art, collage (particularly digital collage), and jazz or
other musical composition in which quotation and reference are critical
components of the art.

>  -  Is the modified work masquerading as the original work? If so,
>     then I think most people would see this as a violation of
>     copyright.

This I'd generally agree with.

>  -  Has the author of the new work correctly cited the parts of the
>     original work that he has used? If not, it's plagiarism. 

Citation need not occur so long as it's clear that the work is not
claimed as original.

I remember a BBC radio piece some years back (1998 or so) in which
musical quotations in popular music were traced.  This would be another
interesting study for use and value of the public domain.

>     If so, it might be considered fair use under many circumstances,
>     depending on the nature of the new work (eg criticism) and the
>     amount of cited material. If the new work is clearly a parody of
>     the original, even the requirement for citation might be relaxed.

You're ommitting a number of other issues as well.

Peace.

-- 
Karsten M. Self <kmself at ix.netcom.com>        http://kmself.home.netcom.com/
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