We're delighted that WBG, a German publisher, today decided to drop its petition for a preliminary injunction against the Google Books Library Project. WBG (whose legal action was supported by the German Publishers Association as an industry model) made the decision after being told by the Copyright Chamber of the Regional Court of Hamburg that its petition was unlikely to succeed.
It's our belief that the display of short snippets from in-copyright books does not infringe German copyright law. Today the Court indicated that it agreed, drawing a comparison with the snippets used in Google web search. And the Court also rejected the WBG's argument that the scanning of its books in the U.S. infringed German copyright law.
We've always recognized the importance of copyright, because we believe that authors and publishers deserve to be rewarded for their creative endeavors. And we specifically designed Google Book Search to respect copyright law - never showing more than two or three snippets around a search term without the publisher's prior permission, which they can give through our Partner Program. This is separate from the Library Project, the subject of this petition. By helping people to find and buy books, Book Search enables publishers to reach a much larger, and more global, audience....
Comment. This is an important decision, though it only applies to German law and isn't apparently final even for German law. It gives long-awaited legal support to Google's key contention: that although it makes full-text copies for indexing, without seeking permission, it only displays short, fair-use snippets to users, and that the length of the displayed snippets is more relevant than the length of the undisplayed copies. Many US lawyers and law professors specializing in copyright law believe that the same argument will prevail in US courts.
Update. Also see the growing news coverage of this story.
Posted by
Peter Suber at 6/29/2006 09:47:00 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.
I recommend the OA tracking project (OATP) as the best way to stay on top of new OA developments. You can read the OATP feed on a blog-like web page or subscribe to it by RSS, email, or Twitter. You can also help build the feed by tagging new developments you encounter.
