Klarinet Archive - Posting 000303.txt from 2005/08
From: Adam Michlin <amichlin@-----.com>
Subj: RE: [kl] more about google print - Dan Leeson are you out there?
Date: Mon, 15 Aug 2005 23:00:03 -0400
Interesting. They appear to be arguing that by only making a few pages of
the book available, they are not violating copyright laws under the fair
use exception. To wit:
http://print.google.com/googleprint/common.html
---
Does scanning comply with copyright law?
Yes. The use Google makes is fully consistent with both the history of fair
use under copyright law, and also all the principles underlying copyright
law itself. Copyright law has always been about ensuring that authors will
continue to write books and publishers continue to sell them. By making
books easier to find, buy, and borrow from libraries, Google Print helps
increase the incentives for authors to write and publishers to sell
books. To achieve that goal, we need to make copies of books, but these
copies are permitted under copyright law.
----
Google has very smart (or, at least, well paid) lawyers, so I'm going to
assume they've done their homework. They only allow users to see a few
pages of the book based on a text string search. Theoretically, one could
view all the book by using consecutive search strings on consecutive pages,
but I think this would require owning the book. Certainly any individual
page could be brought up given a unique enough search string.
Even so, given the degree to which the music industry is fighting online
music sharing (which is very much a grey area legally), I'm rather shocked
that Google thinks this is a clear example of fair use. Dan's copyright
notice:
---
No part of this book may be reproduced or transmitted in any form or by any
means, graphic, electronic, or mechanical, including photocopying,
recording, taping, or by any information storage retrieval system, without
written permission of the publisher.
---
Seems fairly explicit to me. I do hope Dan wont sue me for electronically
reproducing his copyright notice (which I copied from Google Print). I do
believe *my* use fits under the fair use definition. But I'm not a lawyer.
A very long way of saying, yes Dan, your entire book (sort of) is on Google
Print:
http://www.google.com/print?ie=UTF-8&q=mozart+forgeries&btnG=Search
If it were me, I would not be very happy.
-Adam
At 09:51 PM 8/15/2005, dnleeson wrote:
>Are you suggesting that my book is on googel print??? They can,
>of course, put a few pages on but I doubt if they have the whole
>book on. It would be a violation of copyright and I would become
>a very rich man.
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