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plustilino2013-07-28 01:30:19
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plustilino, 2013-07-28 01:30:19

Is the digitization and dissemination of the content of school textbooks an infringement of copyright?

Not a single “approved” or “recommended” school textbook has a text saying that copying and distribution is prohibited (usually such a paragraph is present at the beginning of the book on the page with information about the authors, publisher, etc.). Why?
However, publishing houses usually put an "All rights reserved" copyright badge.

How should this be understood? Is it possible this way: the state, which guarantees free secondary education, orders the development of textbooks and the content of textbooks is free for the population. On the other hand, publishing houses claim the rights to their layout, i.e. you cannot distribute the textbook in scanned form, i.e. the way it was designed by the publisher.

Then it turns out that you can take the “recommended” textbook, digitize it, make up in e-book formats. Or at the same time, someone's property rights will still be violated (the author will undoubtedly be indicated).

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3 answer(s)
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m-haritonov, 2013-07-28
@m-haritonov

Not a single “approved” or “recommended” school textbook has a text saying that copying and distribution is prohibited (usually such a paragraph is present at the beginning of the book on the page with information about the authors, publisher, etc.). Why?

Because by default, these actions without the consent of the copyright holder are already prohibited. The Civil Code of the Russian Federation (Article 1229) says in this regard:
The right holder may, at its discretion, allow or prohibit other persons from using the result of intellectual activity or means of individualization. The absence of a prohibition is not considered consent (permission).

An explicit ban is usually prescribed for greater clarity.
However, publishing houses usually put an "All rights reserved" copyright badge.

This is an optional warning from the copyright holder indicating that the work is copyrighted and protected by law. Article 1271 of the Civil Code of the Russian Federation:
To notify of the exclusive right to a work belonging to him, the right holder has the right to use the copyright protection sign, which is placed on each copy of the work and consists of the following elements: the
Latin letter “C” in a circle;
the name or designation of the copyright holder;
the year of the first publication of the work.

How should this be understood? Is it possible this way: the state, which guarantees free secondary education, orders the development of textbooks and the content of textbooks is free for the population.

It does not matter whether the state provides free copies of this textbook to the public. It is important who owns the right to distribute the textbook. It may also be that the work has already passed into the public domain and can be freely copied and distributed while retaining the attribution (Articles 1281 and 1282 ).
On the other hand, publishing houses claim the rights to their layout, i.e. you cannot distribute the textbook in scanned form, i.e. the way it was designed by the publisher.

There are no layout rights, as far as I know .
Then it turns out that you can take the “recommended” textbook, digitize it, make up in e-book formats. Or at the same time, someone's property rights will still be violated (the author will undoubtedly be indicated).

All this should be clarified with the owner of exclusive rights to a particular work.
PS: in general, it would be better for you to ask this question on a legal forum.

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Eddy_Em, 2013-07-28
@Eddy_Em

Unfortunately, there are no "Tsar-approved" textbooks whose contents are licensed under the FDL. We have such an anal-fenced society ☹

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lubezniy, 2013-07-28
@lubezniy

If specific actions are authorized by the copyright holder (most often the publisher, less often the authors, but everything is in writing), then the rights are not violated. Otherwise, it's best not to.

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