The Google Book Project and the controversy surrounding it is a topic that anyone who reads a book or surfs the internet needs to understand. First, some background. The project began in 2002 when Google began to digitize the collections of several major leading libraries and publishers. In 2005, Google was sued on the grounds that this digitization (and publishing of excerpts to help readers browse books) violated U.S. copyright law. Eventually, Google negotiated a settlement with ASCAP, a large association of publishers, authors, and others, which gave Google the rights to:
- create and sell subscriptions to a database of books;
- show page previews to browsers;
- sell individual books; and
- place advertisements in the display of online pages.
Under the agreement, Google pays out 63% of the revenues to identified copyright holders. All copyright holders are considered to have opted in unless they take a specific action. Google retains the rights to orphan books, (books either without copyright holders or where the holders can't be traced). To date, Google has digitized over 7 million books.
Claimed Advantages of the Google Book Project
Google makes several claims regarding the benefits of its book project. Included among these are:
- The database enables readers to read millions of in-copyright, out-of print books that would only be accessible in a library, if at all.
- Google is giving new opportunities for authors and publisher to sell their copyrighted works. Possible purchasers can browse their books, view sample pages, search for selected content, and then purchase.
- Researchers have access to collections from some of the world's most renowned libraries, (libraries that have joined the project include Stanford, Harvard, and Oxford).
- Scholars also have free access to online viewing of millions of books at designated computers in certain U.S. public and university libraries.
- This technology will make far more books available to the vision-impaired.
Copyright, Antitrust, and Intellectual Property Objections
Opponents to the project also have several objections and concerns. Among these are:
- The agreement with ASCAP and usage exceeds the "fair use" exemption from copyright laws.
- Google's assumption of rights over orphan books and international books violates property laws.
- Antitrust experts question whether a single commercial entity would own too much of the digital book market and inhibiting potential competition. Small libraries fear they will face exorbitant prices for access to the database.
- The agreement covers books in U.S. and English libraries, whether or not they were written by the only signatories to the agreement, American authors.
- Can rights to global knowledge be governed by a private agreement, judicial ruling, or does this issue require a global agreement?
Revision to and Current Status of the Google Book Settlement
On November 11, Google and ASCAP submitted a revised agreement to the U.S. District Court in New York that attempted to resolve many of the objections, especially those raised by the U.S. Department of Justice and the European Community. Among the changes that were made:
- Only books with copyrights registered in the United States, or published in the United Kingdom, Canada, and Australia will be included in the data base. Other authors are not included, nor can they choose to be.
- An independent entity will be created to govern possible monetary payments to those found that have rights to orphaned books.
- Google will operate a pricing algorithm to charge prices at a rate that is comparable to what a competitive market would price the same products.
Comments regarding this amended settlement are now being heard. The Department of Justice is expected to submit its reactions by the end of the year, with a court ruling to follow.
Why Not Only Book Lovers Should Understand the Google Book Settlement
The issues raised in the Google Book Settlement are complex and have aroused strong debate among legal, business, academic, and other scholars and experts. Much of the discussion is technical, legal, and esoteric. However, the end result will not only govern how a student, scholar, or casual reader will be able to browse, read, and reference books in the future. The agreement will also have a wide-ranging impact on how access to all information on a global scale will be protected, controlled, disseminated, and priced. Everyone who reads a book, researches anything online, uses copyright protection for an original work, or uses the internet will be impacted and should understand the debate and its eventual conclusion.
Lindsay McSweeney - I am a 50 plus professional editor, wife, and mother. I've written and edited food articles professionally, and am currently managing a ...
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