Copyright Issues's for Scanning
Kallas Scanning Services operates under a stringent framework of intellectual property rights adherence, specifically concerning copyright law. Clients commissioning digitization services are hereby informed of their sole responsibility to ensure full legal compliance regarding the materials submitted for scanning.
1. Client Obligation for Rights Acquisition
Clients engaging Kallas for scanning services bear the exclusive obligation to procure all necessary permissions, licenses, and clearances for any copyrighted materials intended for digitization. This encompasses, but is not limited to:
- Visual and Artistic Assets: The scanning of photographs, artwork, illustrations, and other visual creations requires permission from the original creator or copyright owner. Ownership of a physical copy does not inherently grant the right to create digital reproductions.
- Proprietary Corporate Assets: The digitization of documents containing company logos, trademarks, and proprietary designs necessitates explicit authorization from the respective intellectual property owners.
- Derivative Works in Source Material: If the material to be scanned incorporates copyrighted elements belonging to third parties, the client is responsible for ensuring the necessary permissions for the creation of a digital derivative work.
2. Assumption of Client Legal Compliance by Kallas
Upon submission of materials for scanning, Kallas operates under the presumption that the client has conducted thorough due diligence and possesses the requisite legal rights for digital reproduction. Kallas shall not be held liable for any copyright infringement arising from the digitization of materials submitted by the client without proper authorization.
3. Legal and Commercial Risks of Copyright Infringement
Clients who commission Kallas to digitize copyrighted materials without the requisite permissions expose themselves to significant legal and commercial liabilities initiated by the copyright owner. These may include:
- Legal Restraining Orders: Rights holders may seek judicial injunctions to immediately cease the unauthorized digital reproduction and distribution of their copyrighted works.
- Financial Indemnification: Copyright owners are entitled to pursue financial remedies for infringement, encompassing actual damages, lost profits, and statutory damages.
- Legal Cost Exposure: Clients found liable for copyright infringement may be responsible for covering the legal expenses incurred by all involved parties.
4. Kallas’s Right to Decline Digitization Requests
To protect its operational integrity and legal standing, Kallas Scanning Services reserves the absolute right to refuse any scanning requests where there is reasonable suspicion of potential copyright infringement or where the client fails to provide satisfactory evidence of their legal right to create digital reproductions of the submitted materials. This decision rests solely with Kallas and may be exercised at any point in the service engagement.
5. Acceptable Materials for Digitization
Clients are encouraged to utilize the following categories of content for their scanning projects:
- Client-Owned Original Works: Materials entirely created by the client, for which they inherently possess the copyright and the right to create digital copies.
- Properly Licensed Content: Materials for which the client has obtained explicit written permission or a valid license granting the right to digitize the content for the intended purpose. Clients may be required to furnish documentation of such licenses.
- Public Domain Assets: Materials that are no longer subject to copyright protection and are freely available for use and reproduction without restriction. Clients should verify the public domain status of the content within the relevant legal jurisdiction.
- Fair Use Scenarios (Limited Scope): While acknowledging the principle of fair use for purposes such as research, private study, criticism, or commentary, Kallas advises clients to exercise extreme caution and seek legal counsel if the intended digitization falls under this complex legal doctrine. Kallas retains the right to refuse scanning even under potential fair use claims to mitigate its own legal risks.
In summary, clients commissioning digitization services from Kallas bear the complete responsibility for ensuring the legal permissibility of the materials they submit for scanning. Kallas operates under the assumption of client compliance and reserves the right to refuse service in instances of suspected copyright infringement. Adherence to intellectual property law is a fundamental prerequisite for engaging Kallas Scanning Services.
last updated on 22/05/2025