Open Access News

News from the open access movement


Monday, February 02, 2009

Google: Don't re-host public domain books from Google Books

Yakov Shafranovich, Change in Google Book Search Guidelines for Public Domain Books, Personal Website of Yakov Shafranovich, January 30, 2009.

For a few years, Google Book Search has provided PDF downloads of public domain books. The books came with a page listing some guidelines that Google asked people to follow and the same guidelines are listed in their Google Book Search help center. ...

[The guidelines have been changed] - it used to say that only non-commercial use is [allowed]. Now it has been replaced by two new guidelines: no hosting, and no reprints including helping people reprint.

An interesting wrinkle about the new hosting restriction is that the Internet Archive is currently hosting about 537,000 PDFs of public domain books from Google Book Search. Under the old rules, non-commercial hosting was ok. What is the story under the new guidelines?

The new no reprint guideline seems to be directed towards services like my own PublicDomainReprints.org ...

Of course, the elephant in the room is that these books are in public domain and thus have no copyrights. Without significant creative change it would not be possible to re-assert copyrights over the public domain scans (sweat of the brow [was struck] down back in 1992). Whatever terms apply are being pushed via contracts and not the tradition route of copyright licensing. This may or may not similar to what the OCLC has been recently doing by trying to enforce contract rules on stuff that cannot be copyrighted. Can a contract override federal copyright law, placing a public domain book under someone else’s legal power? ...

See also the comments by James Grimmelmann and others.

See also our past post on the Google Book Search guidelines.