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Klarinet Archive - Posting 000311.txt from 2005/08

From: Adam Michlin <>
Subj: RE: [kl] more about google print - Dan Leeson are you out there?
Date: Tue, 16 Aug 2005 09:29:43 -0400

The entire book is not available (significantly more is available than 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!


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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