QUESTION

Is it copyright infringement for referencing books in personal study?

Asked on Aug 09th, 2013 on Entertainment Law - Florida
More details to this question:
Do you think it is copyright infringement to search a book for a subject and, in a document on my computer, put a hyperlink to a page in Kindle for PC I thought the relevant information is on (Kindle creates the hyperlinks when I highlight a section)? My concern was I was making too many references to one book (about 10 per document). This is for my personal learning only and I don't share these with anyone. Thank you regardless if you have the time to answer this as I imagine you could be busy.
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3 ANSWERS

Susan Marie Basko
I do not know links to be copyright infringement, particularly when you own your own copy of the Kindle book and are taking notes and making links for your own study purposes.
Answered on Aug 13th, 2013 at 7:18 PM

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Business Litigation Attorney serving Oakland, CA
Partner at Bay Oak Law
3 Awards
The proposed conduct would most likely be considered to be fair use of the original copyrighted work. Looking at the four factors for fair use, found at 17 USC 107: 1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; Your proposed use would be an educational purpose, and this would be a big advantage it should be enough on its own to win a determination of fair use, but let's go through the other factors, as well. 2. the nature of the copyrighted work; We'll assume that the copyrighted work is for-profit (most are). That hardly hurts you, though, once we look at the next factors. 3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; While it would be normal to "save" the most important parts of a work, 10 or so, even in a modest newspaper article, would not normally be considered "substantial." 4. the effect of the use upon the potential market for or value of the copyrighted work. Here is your greatest advantage. There will be no harm to the potential market for or value of the copyrighted work, because your notes will not be an adequate substitute for the actual work.
Answered on Aug 13th, 2013 at 7:17 PM

This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.

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From your description it appears that you are not copying a book but merely gathering hyperlinks to book pages. That is not copyright infringement.
Answered on Aug 12th, 2013 at 12:08 PM

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