ZDNet reports that Google is temporarily postponing its plans to scan books of five of the world’s top libraries and make them available in searchable form under the Google Print title. The delay has come after copyright-based objections from publishers. Google’s response is to give publishers the opportunity to opt out of being included in the programme if they notify Google. Scanning of books will restart in November.
The IPKat thinks that this is subverting the basics of copyright law. It’s for the copyright holder to grant permission to use his work and not the other way around.
Its not subverting the basics of copyright at all - its Fair Use. By asking the publishers they're just being courteous.
ReplyDeleteThe question to ask is: if Google Print is taken to court will the defence of Fair Use hold up?
Mass-scaning of five of the world’s top libraries is a fair use ? rather not...
ReplyDeleteI can scan any book I own, this is allowed. (Backup copies, etc.) This is what Google are doing. They bought the books.
ReplyDeleteThen I can photocopy a few pages for someone, this is fair use. This is what Google are doing.
Don't you think a company as large as Google has lawyers to think this kind of thing through?
I think the most interesting aspect of this is that a company has (finally) found a way of making money out of freely distributing information.
ReplyDeleteOne of the themes in Eldred was that where legislation could be shown to benefit a minority interest, it should be construed, in cases of ambiguity, in favour of the public (or rather it should provide the most socially efficient outcome). The argument was rejected, but some hope does arise that now google itself may provide some balance in the special interest groups lobbying for legislation; after all it is in Google's best interests that fair use provisions are clear and well defined, that copyright terms are not excessive, and that orphan works are not rendered inaccessible.
If this sounds fanciful, then do remember that in June Google was the most valuable media company in the world, ahead of Time Warner.
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