The following is posted with the permission of the Association of American Publishers. Technology provides many means to change printed text into digital form. Since the copyright law already addresses reproduction, no new right is necessary to deal with scanning. The Copyright Law imposes certain limitations on all of the exclusive rights enumerated in Section 106, but none is a universal, unqualified or absolute exemption.
Fair use requires a detailed examination of at least the four factors noted in the statute.
In the digital environment, as in other contexts, the criteria for each exemption must be viewed in light of the specific attributes of digital reproduction and the effect of the particular use. Distribution and Proliferation A primary attribute of digital versions is the ease and speed with which they can be multiplied and distributed or transmitted, over networks or otherwise, to great numbers of recipients. In addition, this broad dissemination can be difficult to detect. It is clear that digital reproduction is a necessary act in the process of digital distribution of scanned printed works and cannot be ignored or dismissed as a mere preliminary, technical or minor act. A digital work can be displayed electronically at many locations.