The hypothetical app would be designed for note taking in an educational environment. My question is more precisely: which of the following MIGHT be necessary to ensure it is fair use?
A) Images are watermarked and resolution is limited.
B) The scan can not BE shared. Screen shots will be DISABLED.
C) The images will be stored in a proprietary format NOT accessible by the user
D) Terms & Conditions will prohibit the sharing of images.
E) In order to scan a book, the book must be identified.
F) Metadata will be attached to the images that identify the book, sort of like a citation.
G) The number of pages one can scan will be limited.
Please, just stop... You have graduated and moved beyond what this humble and quite public Q&A platform can adequately address.
The only way to receive any advice you can rely upon regards to a fair use analysis is to consult an IP lawyer in private and discuss it over in more detail. At this point, I probably have way more questions than answers.
Further, fair use is a legal defense and the copyright holder is always free to drag you into court and force you to prove out your use as fair. So if you plan on relying on that defense you better be right and that rightness better be obvious.
Before going any further, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.
The Asker's concept of "fair use" is probably incorrect. Of the 7 issues the Asker addresses, it is likely that none fall within the confines of "fair use". The idea the Asker suggests is taking notes in an educational environment. The environment, however, is more than the lecture hall including the copying of copyright properties. Copying is a right reserved for the owner of the copyright. "Fair use" however is very limited. Confer with Intellectual Property counsel for guidance.
My comments have been made without discussion. An attorney client relationship has not been established. There may be conflicts which prohibit my providing you with specific legal guidance. Any contact with you beyond these few general words will start with a disclosure of opposing parties so that a conflict check can be made. You should discuss with an attorney.
See Authors Guild v. Google. While this suit was settled, the issue was whether Google had the right to scan books protected under copyright law and provide portions thereof and indexing.
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