Open Access News

Google has become the new ground zero for the "other" culture war. Not the one between Ralph Reed and Timothy Leary, but the war between Silicon Valley and Hollywood; California's cultural civil war. At stake are two different visions of what might best promote authorship in this country. One side trumpets the culture of authorial exposure, the other urges the culture of authorial control. The relevant questions, respectively, are: Do we think the law should help authors maximize their control over their work? Or are authors best served by exposure --making it easier to find their work? Authors and their advocates have long favored maximal control --but we undergoing a sea-change in our understanding of the author's interests in both exposure and control. Unlike, perhaps, the other culture war, this war has real win-win potential, and I hope that years from now we will be shocked to remember that Google's offline searches [e.g. of print books] were once considered controversial. What I've called the "exposure culture" reflects the philosophy of the Web, in which getting noticed is everything. Web authors link to each other, quote liberally, and sometimes annotate entire articles. E-mailing links to favorite articles and jokes has become as much a part of American work culture as the water cooler. The big sin in exposure culture is not copying, but instead, failure to properly attribute authorship. And at the center of this exposure culture is the almighty search engine. If your site is easy to find on Google, you don't sue --you celebrate....[There] is a common misunderstanding about Googleprint --it is a way to search books, not a way to get books for free. It is not, in short, Napster for books....The big question is whether [book searches] are good for authors...."It's not up to Google or anyone other than the authors, the rightful owners of these copyrights, to decide whether and how their works will be copied" says Nick Taylor, president of the Author's Guild. Taylor isn't suggesting that book search engines are necessarily bad for authors. His objection is that Googleprint has deprived authors of their control --their right to decide whether to be in a book search in the first place....The idea that there is no tradeoff between authorial control and exposure is attractive. But it is also wrong. Individually, more control may always seem appealing --who wouldn't want more control? But collectively, it can be a disaster. Consider what it would mean, by analogy, if map-makers needed the permission of landowners to create maps. As a property owner, your point would be clear: How can you put my property on your map without my permission? Map-makers, we might say, are clearly exploiting property owners, for profit, when they publish an atlas. And as an individual property owner, you might want more control over how your property appears on a map, and whether it appears at all, as well as the right to demand payment. But the law would be stupid to give property owners that right. Imagine how terrible maps would be if you had to negotiate with every landowner in the United States to publish the Rand McNally Road Atlas. Maps might still exist, but they'd be expensive and incomplete. Property owners might think they'd individually benefit, but collectively they would lose out --a classic collective action problem....The critical point is this: Just as maps do not compete with or replace property, neither do book searches replace books. Both are just tools for finding what is otherwise hard to find.