The Electronic Frontier Foundation (EFF) applauds Google's effort to create the digital equivalent of a library card catalog, and believes the company has a strong case. "Just as libraries don't need to pay publishers when they create a card catalog, neither should Google or other search engines be required to when they create an improved digital equivalent," said EFF Senior Staff Attorney Fred von Lohmann. In defending the lawsuit, Google is relying on the copyright principle of fair use, which allows the public to copy works without having to ask permission or pay licensing fees to copyright holders. EFF believes Google is likely to prevail on its defense. One key point in Google's favor is that Google Print is a transformative use of these books -- the company is creating a virtual card catalog to assist people in finding relevant books, rather than creating replacements for the books themselves. In addition, it is almost certain that Google Print will boost, rather than hurt, the market for the copyrighted books. "It's easy to see how Google Print can stimulate demand for books that otherwise would lay undiscovered in library stacks," said von Lohmann. "It's hard to see how it could hurt publishers or authors."For additional legal analysis, EFF recommends the white paper, "The Google Print Library Project: A Copyright Analysis," recently published by noted DC copyright attorney Jonathan Band of Policy Bandwidth.
Posted by
Peter Suber at 9/22/2005 11:03:00 AM.
The open access movement:
Putting peer-reviewed scientific and scholarly literature
on the internet. Making it available free of charge and
free of most copyright and licensing restrictions.
Removing the barriers to serious research.
