We'll Fight For Our Right to Obscurity!
I meant to link earlier to computer guru Tim O'Reilly's fine New York Times op-ed about the Authors Guild's short-sighted, self-defeating lawsuit against the Google Print Library Project. O'Reilly explains:
Google has partnered with the University of Michigan, Harvard, Stanford, the New York Public Library and Oxford University. Google will scan and index their library collections, so that when a reader searches Google Print for, say, "author's rights," the results point to books that contain that term. In a format that resembles its current Web search results, Google will show snippets (typically, fewer than three sentences of text from each page of each book) that include the search term, plus information about the book and where to find it. Google asserts that displaying this limited amount of content is protected by the "fair use" doctrine under United States copyright law; the Authors Guild claims that it is infringement, because the underlying search technology requires a digitized copy of the entire work.
I'm not sufficiently well versed in the intricacies of copyright law to know who's got the stronger legal claim, but as a practical matter, it seems fairly obvious that what Google's doing is highly unlikely to displace book sales or otherwise diminish author royalties, but very likely indeed to connect potential buyers with books they'd otherwise have been unaware of. This seems as silly as trying to stop reviewers quoting a book.
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Sort of calls the whole library idea into question--- here these jerks are, who think they can buy 1 copy of a book and then let just anyone have it for weeks, maybe months!!!
As a consumer of his fine line of books and a close friend of several former employees, I'd ask that you never use the terms "guru" and "computer" in the same sentence while referring to Tim O'Reilly. Spend half an hour talking to the fellow and you'll see what I mean.
If I walked into a library and scanned or photocopied and entire book, it would be a violation of copyright (regardless of what I was going to do with it next). For Google to walk into the library and scan an entire book is also a violation of copyright. I don't have a problem with them putting excerpts on the web (and that is probably legal), but they first need to buy or acquire a copy--that can't copy it from the library. To take it a step further, what if every person in the world decided to setup their own digital research library--would they be entitled to build their collection by just walking into the library and scanning the books?
fair use allows you to republish a small amount of a published work for the purposes of discussing or promoting the work. i don't think it specifically says anything about maintaining an archive from which excerpts are selectively published on demand. Google would have a stronger case if they were buying the books themselves rather than scanning books from libraries, for the same reason that it's legal for you to borrow a book from a library for your own reading pleasure but not to photocopy it en masse for your own use, whether or not you then try to profit from said reproduction.
then again, MP3.com bought all the CDs they were offering through their BeamIt service, and they got slammed for copyright anyway. so who knows?
Some of the books in the project are no longer under copyright.
rafuzo, why don't you tell us what you mean?
I'll just be a curmudgeon and say I really dislike both sides of the IP debate. One side wants me to pay if I overhear the music on my coworker's headphones, the other wants all music for free.
Feh.
When Google indexes copyrighted website content a copy is created on Google's servers. Should that be considered infringement too?
Google is merely doing to physical books what Google does to websites. Copyright owners can opt out of being indexed, so what's the big deal?
That this is even an issue goes to show how out F'ed up copyright law is. It's all stick and no carrot.
If I walked into a library and scanned or photocopied and entire book, it would be a violation of copyright
I'm pretty sure that's not true. It would depend on what you then did with the copied material.
rafuzo, why don't you tell us what you mean?
Comment by: Douglas Fletcher at September 30, 2005 04:21 PM
Yeah damn man, is it me or do posters at this site have a tendency to be all mysterious-like in their posts when it comes to telling others about stuff and trying to get them to do the research themselves, I mean, rafuzo, I am never going to speak to that man; are you just trying to brag about having done it yourself? Is it something to brag about? I have no idea
["If walked into a library and scanned or photocopied and entire book, it would be a violation of copyright"]
Wrong.
....that copy would be totally legal as "Fair Use", if you used that copy "...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research..".
It would not be an infringement of copyright, as clearly specified in Title 17 U.S.Code section 107.
Federal copyright law grants VERY large 'fair-use' exceptions to the public, as long as one is not directly
making money on the 'copy'.
'Fair-Use' ain't complicated if you read the actual copyright law.
With respect to "Fair Use", how you use the material is only one of the factors. Another factor is the amount you copy. The only circumstances under which you can copy an entire work are (a) to make a back up or archival copy of a work you already purchased; (b) to translate a work you already purchased into a more usable format provided you then set the original aside and don't use it. Otherwise, if you copy an entire work, it is always a copyright violation, no matter what you plan to do with it.
With respect to MP3.com, they purchased the CD's and then provided copies to their users. Their justification was that the user already owned another copy. The court decided this was a copyright violation.
With respect to "copying" web content, the incidential copies of web material made during the normal operation of the web--i.e., copying items for viewing, caching, indexing and search--is explicitly allowed under copyright law (see Title 17, Chapter 5, Section 512).
Google is going to lose this case, but IMHO, it is only because they are copying material from the library rather than purchasing their own copies.
I propose that Google's indexing could be considered similar to a library's catalog system- entries have information on each book's contents, distilled down to broad categories (subject heading). Perhaps Google's index is the same, only each word and phrase is considered a subject, instead of forcing books into preconceived subjects?
Meanwhile there are probably about eight million non-Guild authors who would be extatic if their book was included in the project.
I'd be happy to provide electronic copy of my novel, in any format desired.