Intellectual rights to images: Question about fair use

So, I am thinking about gradually making a digital image archive of my deck collection--scanning high quality tiff images.

In and of itself, I'm not sure it would be a problem, since I own the decks.

But, what I'd like to do is cull my collection after digitizing--I have a lot of decks without their original packaging (B/c I was too foolish to save it for several years) that I'd like to put up for sale. Probably at a slightly lower price than they cost initially (if I ever even get started on the project, which at any rate would be a few years down the road--I just don't have the time at this moment).

Ideally I'd sell only the ones that were in print and possibly repurchase a few favorites, packaging intact (but I don't intend to do that for all of them).

The question is, what are the rules about fair trade if I have a digital copy of a given deck and choose to sell the original? Does this count as intellectual use? I don't plan on selling the digital images, at most I'd print out an image for personal use--probably academic study from an art-historical perspective. Obviously for publication purposes I'd need to contact the original creators and publishers and go from there.

If I allowed anyone else access at all, it would be for the same purposes, and free of charge, though they could easily find smaller images (smaller than the scans I plan on making) for for most of the decks I have at sites like taroteca.

So, what are the legal ramifications for this, if I were to create such an archive?

SphinYote

You would be in breach of copyright, end of, IMHO.

Unless you contact the artists and get their WRITTEN permission.

Copyright law as I understand it allows copying ("by any means") of SMALL amounts (as I recall under 10%) of a finished article or book - which I am sure would include decks - for study and research That is hardly what you have in mind. I believe the question has already been raised here about whether taroteca is technically legal.

Ah. Thank you.

So is it different when it comes to photocopying an article (or several articles) for research for a paper?

Part of the reason my own confusion comes up is because I work for the Digital Resources Library at my university, and we do scan images from entire books for faculty to use in class (which I've often wondered about the legality of, as far as I know we generally don't ask permission, though we try to keep fairly meticulous track of what sources we get the images from). I don't know if that means universities in general are under different legal restrictions than individuals, or if we're technically in some instances in breach of copyright. But it's been the same at both universities I've worked for.

I know given the transition from slides to digital, we've had some confusion because we don't have any set process yet for documenting images we've scanned but not made slides of.

Its interesting to watch because most of the professors just take whatever they need from random internet sites, and in some cases they don't document at all what their sources are (which I'm sure is probably copyright infringement, but I suspect that some of them don't realize it).

Just saying where my interest and confusion in the matter comes from. I'm just wondering when the crackdown is going to start on fair use of images as it has for the fair use of music.

And, if I keep my physical copy of the deck? What then? I know in terms of computer software you're usually granted the right to make one backup copy, so long as you're not using both copies at the same time or installing it on multiple computers....how does that apply (or does it apply at all) to other media? Archiving purposes aside, I did have one of my decks destroyed because of an unfortunate meeting between tarot deck and territorial cat (Cat pee can eat away at a deck if not caught in time).

If you just wanted to scan the cards for your own personal use and did not use them to profit commercially, there should be no problem.

Fair Use

SphinYote said:

Ah. Thank you.

So is it different when it comes to photocopying an article (or several articles) for research for a paper?

Click to expand...

TECHNICALLY I don't actually think you are supposed to copy whole articles - but many educational institutions have special licences.

Abrac, I am extremely not convinced. I have looked at the link, and even so..... The kind of person to ask would be someone like BatChicken, who knows a lot about this.

Abrac is absolutely correct! Of this one I am sure.... but personal use only!

Even if the original decks are sold on ????

Yes. It is like taking any image of art from the internet. It is not a violation until you try to use it and call it your own or sell it.....

But this is scanning actual cards (I am not trying to stir here; I really want to know for - er - reasons of my own....)

Scan them all you like - just don't share or sell them and you won't have any trouble...