Showing posts with label Fair Use. Show all posts
Showing posts with label Fair Use. Show all posts

Sunday, December 7, 2014

A Saga of Copyright : Authors Guild, et al.v. Google.



A Saga of Copyright : Authors Guild, et al.v. Google.

A saga can commonly be held to be a long tale involving many parties interacting within a complex environment seeking to overcome both their own flaws and outside forces. A classic example of this would be the Eddas of Iceland. While not as long running or (as yet) as bloody, there is a similarity with Icelandic sagas the multitude of legal pleadings of the parties before a judge and the search for justice & fairness in the dispute which has embroiled Google Books; which continues as per the latest in Authors Guild, et al.v. Google.

The background to this being Google has positioned itself as the the premier search engine company in the global economy (see "How Google test Software" by Wittaker as an interesting insight into how this is achieved). The mission goal for this company can be captured in a desire to allow the world's information to be search-able. As a large part of this heritage of information is present outside the digital format in paper based books, in 2004 Google began to convert the physical to the binary by scanning in books. This however was done without the permission of the copyright owner's permission (leaving aside books which were in public domain or without know authors) and the US based Author's Guild in 2005 brought a copyright infringement suit with Google's defense being that of "fair use".

This term original from the US case of Folsom v Marsh (1841) and facts revolved around a book of one of the American rebel leaders, a George Washington, and the correctness of being able to quote sections of that book. Four main elements of allowing such quotes were enumerated as being.
1- the purpose of such quotes and if these were of commercial nature
2- the original work and if it were copyrighted.
3- the percentage of the work quoted
4- how this might effect the commercial aspect of the work

The Saga initially looked to have a fairly benign ending with an agreement between the parties but this was rejected on the grounds of unfairness, The excellent IPKitten site has commented that the which ever side is the victor, it will mark a key ruling on how "fair use" is to be viewed in terms of transformative (from physical to digital) copyrighted material.

In the European context, how the moral rights of the author might be effected given the less than perfect technology that underlies scanning, could also be an issue. Either way, the Google Books like any good Saga will likely continue to provide years more topics of interest.



Thursday, October 23, 2014

Book Review:Copyright and Mass Digitization by Borghi & Karapapa

This book deals with how analogue works, such as paper books, are transferred onto the digital realm en mass.

Copyright and Mass Digitization

The context is mostly within the EU (especially referencing the European Copyright Directive ) but also investigates the US concept of "Fair use". The authors provide an excellent overview of the differing bundles of rights associated with copyright and how this is evolving in terms of reaction to societal and technological shifts. Key is the bulk digitisation efforts by commercial and non-profits and how this effects authors both known and unknown (ie orphan works). This is in parallel to developments in the area of Big Data, where for instance new discoveries could be made by data mining connections between various online resources such as scientific papers.

Overall a good introduction to this interesting intersection of law and IT.