Scanning is one of the popular ways that users scan hard-copy documents to save them as image files on computers and phones. From a legal perspective, are document scanning activities a form of copying works? Please read VCD’s article to learn more.
1. Is scanning considered copying a work?
Scanning is the process of converting data on paper, documents, and images on paper into data, images, and files stored on computers or phones through a scanner, printer with a scanning feature, or via an application. Use scanning on your smartphone.
According to the provisions of Clauses 4 and 5, Article 3 of Decree No. 17/2023/ND-CP, originals and copies of works are defined as follows:
“4. The original of a work is the copy that exists in material form on which the creation of the work was first shaped.
5. A copy of a work is a direct or indirect copy of all or part of the work by any means or form.”
At the same time, Clause 10, Article 4 of the Intellectual Property Law clearly states that copying is the creation of one or more copies of a work or audio or video recording by any means or form, including making copies in electronic form.
From the above regulations, we can see that scanning is essentially creating a copy of the original work in electronic form, so this is the act of copying the work.
2. Does scanning a work require permission from the author?
The right to copy a work is one of the property rights that the author, copyright owner exclusively exercises or allows others to exercise as prescribed in Clause 1, Article 20 of the Intellectual Property Law.
Every organization and individual, when exploiting and using one, some or all of personal rights and property rights, must ask for permission and pay royalties, remunerations, and other material benefits to the right owner or author. The act of copying a work without the permission of the author or copyright owner is a violation of copyright.
However, some exceptional cases allow the copying of works without permission, payment of royalties, or remuneration to the author as stipulated in Points a and dd, Clause 1, Article 25 of the Intellectual Property Law, including:
- Self-copy a copy for personal scientific research and teaching purposes;
- Copy the work to store in the library for research purposes.
Therefore, scanning is one of the forms of copying works, and depending on the purpose of copying, organizations, and individuals must ask for permission, pay royalties, and remuneration to the author or not need to. However, it is necessary to respect the author and copyright when copying works. When using, you must clearly state the author’s information and source from the original work.
