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Copyright: Real Life

Authors Guild v Google

 

The Guild had sued Google in September 2005, after Google struck deals with major university libraries to scan and copy millions of books in their collections. Many of these were older books in the public domain, but millions of others were still under copyright protection. Nick Taylor, then the president of the Guild, saw Google’s scanning as “a plain and brazen violation of copyright law.” Google countered that its digitizing of these books represented a “fair use” of the material.  Our position was: The hell you say. 

Summary of Google Settlement Outcome, and a list of the Author's Guild members involved. 

 

Today we learned that the Authors Guild filed a lawsuit to try to stop Google Print. We regret that this group chose to sue us over a program that will make millions of books more discoverable to the world -- especially since any copyright holder can exclude their books from the program. What’s more, many of Google Print’s chief beneficiaries will be authors whose backlist, out of print and lightly marketed new titles will be suggested to countless readers who wouldn’t have found them otherwise.

Let's be clear: Google doesn’t show even a single page to users who find copyrighted books through this program (unless the copyright holder gives us permission to show more). At most we show only a brief snippet of text where their search term appears, along with basic bibliographic information and several links to online booksellers and libraries.

Google respects copyright. The use we make of all the books we scan through the Library Project is fully consistent with both the fair use doctrine under U.S. copyright law and the principles underlying copyright law itself, which allow everything from parodies to excerpts in book reviews. (Here's an article by one of the many legal scholars who have weighed in on Google Print.)

Just as Google helps you find sites you might not have found any other way by indexing the full text of web pages, Google Print, like an electronic card catalog, indexes book content to help users find, and perhaps buy, books. This ability to introduce millions of users to millions of titles can only expand the market for authors’ books, which is precisely what copyright law is intended to foster.

From The Official Google Blog, 9/20/2005

Updates on Google Book Settlement: Articles from Academic Search Premier

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Tasini Decision

The Supreme Court decision in the case of the New York Times v. Jonathan Tasini, et al. affected the content available in our online databases.

"Reproduction of freelance authors' magazine and newspaper articles in computer databases, without authors' permission, held to infringe authors' copyrights and not to be privileged under 17 USCS 201(c)".

Here's an overview of the issues and the implications of the decision from Cornell University Law School.

In the Library

Copyright law has an effect on these areas of the work we do at the library:

  • Interlibrary Loan
  • Reserves
  • Videos
  • Website

In the Classroom

Copyright Law also has an effect on what your professors do.