On 3/7/17 4:18 PM, Harper, Cynthia wrote:
> Perhaps scanning the indexes would
> be legally defensible because they constitute less than 10% of the
Do keep in mind that figures like 10% as a maximum threshold for a Fair
Use come from various consensus documents developed by groups of
stakeholders related to certain media formats, but they have no actual
legal standing. There are many factors that play into Fair Use, and
proportion of the work is just one of them.
That said, if you had a collection of OCRd indexes and built a search
engine told you which works contain a mention of a term in the digitized
index, a court might well consider this a transformative fair use --
akin to HathiTrust's digitization of in-copyright works -- and not find
you guilty of infringement. But I'm not an attorney, so this should not
be construed as legal advice.