Klarinet Archive - Posting 000312.txt from 2005/08

From: Richard Wang <moose.w6589@-----.net>
Subj: Re: [kl] more about google print - Dan Leeson are you out there?
Date: Tue, 16 Aug 2005 10:52:01 -0400

However, about your photocopying music example...I'm not sure monetary
loss is a valid argument against fair use. By the same argument, it
would be illegal to lend CD's, books, movies, etc... to friends because
this might arguably lessen the publisher's sales. In fact, this argument
is made even weaker by the fact that none of these activities (whether
borrowing CD's, using a library, or using Google Print) actually cause
the publisher to lose any money; on the contrary, such activities tend
to lead to an increase in sales (which many publishers fail to grasp)
because people will test out a product and want to buy it for themselves
to own (who honestly is going to read an entire book using Google Print?
Just because it's technically feasible does not mean anyone will
seriously attempt it, and it is still certainly no substitute for a real
book).

Personally, I think publishers would be foolish to withdraw their books
from services such as Google Print because it really wouldn't help sales
or prevent so-called piracy. After all, by the same token, why do
publishers allow books to be lended out by libraries? It would certainly
reduce sales even more as the entire book is present in its original
form and easily available to almost anyone. Google Print, by this
comparison, is much much more limited than any typical library, so I
fail to see why this would warrant any copyright controversies.

-Richard

Adam Michlin wrote:

> The entire book is not available (significantly more is available than
> Amazon.com allows access to, though). Enough is available that I
> wouldn't want to have to defend it as fair use. I find it particularly
> egregious that they expect the copyright holder to contact them and
> request their copywritted material be removed. Consider how many
> authors (or author's estates) will never know.
>
> As Mark pointed out, quantity isn't always a good test for fair use.
> Monetary damages, however, are typically a good test for fair use.
> This is why, among other things, teachers cannot legally photocopy
> music for students (even an excerpt, say for All State) and argue fair
> use, since it is easy to demonstrate how this financially harms the
> publisher who loses potential sales.
>
> But I'm not a lawyer, I don't even play one on TV!
>
> -Adam
>
> At 08:59 AM 8/16/2005, David Blumberg wrote:
>
>> Dan, yes - they did scan the entire book! If I type in the search
>> string Mozart, basically each and every page of the book is there.
>> When it has a page blacked out - just closing the page and searching
>> that page # comes out with the page visible. The entire book can be
>> read. I only pointed you out to it as you were the only person I
>> could think of who can easily contact their publisher to check the
>> permissions (and sue em if warranted).
>
>
>
>
>
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