Do Copyright Laws Need Updating To Cope ...
Internet search giant Google has been found guilty of copyright infringement by a court in Paris. French publisher, La Martiniere, was awarded 300,000 Euros ($ 430,000) in damages and interest. Google was also ordered to pay the sum of 10,000 Euros ($ 14,000) each day until it withdraws the book extracts from its database. The court hearing was initiated by the French Publishers’ Association, La Martiniere and SGDL – an author’s group – who demanded that Google be forced to pay 15m Euros ($ 21m).
The size of the final settlement is not important for Google. However, the ruling may impact upon Google’s plans to scan, and make available online, as much of the world’s literature as it can. Google is currently in the process of scanning and storing as many books as possible. Books which are out of copyright are made available in their entirety, books still covered by copyright either have “snippets” made available or have the whole book made available under a previously agreed licensing scheme.
Google’s project to establish a worldwide digital library has seen it in court before. In 2001, a class action was filed by the Authors Guild, the Association of American Publishers and a number of individual publishers and authors who alleged that Google had breached copyright law by failing to seek the copyright holder’s permission in all instances prior to scanning books from university libraries.
At the time, Google claimed that it was operating under the “fair use” principle as only short snippets of books scanned without the permission of copyright holders were made available.
In 2008 an agreement was reached with Google establishing a $ 125 million fund to provide compensation for authors who had their works made available online. However, the deal covered North America only and there were still concerns regarding books which, whilst out of copyright in America, were still bound by copyright law in other parts of the world.
As well as opposition from Europe, including both the German and French governments, Google faces competition from Yahoo, Microsoft and Amazon – who all support the “Open Book Alliance” run by the Internet Archive. The Internet Archive is a non-profit organisation which is also in the business of scanning and digitising books. Over half a million books have been scanned and stored by the Internet Archive to date, all of which are available free online. The founder of the Internet Archive, Brewster Kahle, is concerned that Google is attempting to monopolise the library system.
Google points out that their project will make millions of currently out of print books, which otherwise be inaccessible to readers, available. It’s probably also worth noting that Amazon Kindle users can also download out of copyright ebooks for the Kindle direct from Amazon’s website. There are a number of other projects which make out of copyright books available online free. It seems probable that our reading habits are about to undergo a major change. The current methods of book storage and delivery will be brought up to date using the internet. However, in order for this to succeed, it will first be necessary to put a legal framework in place which protects the interests of authors and copyright holders.
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