| Dust Off Those Shelves |
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Known as the 'Google Books Initiative' it allows copyrighted and public-domain works to be downloaded as a PDF. The main issues of concern to parties opposing the project, is whether Google should be able to gain an ‘unfair’ advantage by taking control of books that are referred to as 'orphan works', a term applied to works which are still protected by copyright, but where the copyright holder cannot be located. Since the project’s inception in 2002, 12 million books have been scanned, with an estimated eight million of those still protected by copyright. One of the questions asked by organisations representing authors and publishers is what right does Google have to scan the full text of these ‘orphan works’ without the copyright holder’s permission? It is this very question that has lead to class action suits popping up around the globe. Google argues that since it is not charging people to access such works, there is no exploitation of copyright. Furthermore, Google argues that the ‘pros’, which include providing access to the public at large to works which are currently inaccessible, would outweigh the ‘cons’, in that the works in question would otherwise be gathering dust on library shelves. Karen Kitchen, from IP law firm, DM Kisch comments: “The Google Books Initiative will allow users to discover “new” books, as well as providing limitless opportunities for aspiring authors and audiences alike. Access to information and freedom of knowledge are some of the advantages that will flow from such a project. However, many are critical of the project based on the copyright issues that result”. Issued on behalf of DM Kisch For more information contact: Editorial contact: P and P Communications, This e-mail address is being protected from spambots. You need JavaScript enabled to view it + 27 11 447 3511  |
Johannesburg – May 2010 – Google's ambitious goal to digitise millions of books has come under intense scrutiny from authors, publishers, photographers and illustrators, as well as rival tech giants such as Microsoft and Amazon, whilst legal professionals who specialise in copyright, watch this David and Goliath battle play out.