Chapter 6: Google Book Search Library Project

52645310 Chan Yu Pang 52645383 Kou Man Chun 52222530 Lam Yu Ching 52611804 Wong Pui Shan 52645360 Yau Ka Kin

Summary

Background
Google Book Searches the full text of books and magazines Converted to text Stored in its digital database

Goals: Work with publishers and libraries Create a comprehensive, searchable, virtual card catalog of all books in all languages Helps users discover new books Help publishers discover new readers

Case
Date: Oct 2005

Who : Authors Guild and the Association of American Publishers VS Google

Reason: AAP argues that making a full copy of a copyright-protected book does not fit into the narrow exception to the law defined by fair use

Result:
Google

use 1.25 billion to settle the case Give Google the right to display the books online To profit from them by selling access to individual texts as well as selling subscriptions to its entire collection to libraries and other institutions The resulting revenue would be shared among Google, authors, and publishers

Why have a case

Profit
According

to Association of American Publishers (AAP) , e-books now represent 22.55% (about 15.4 Million) of US publishers' total revenue in 2012.

Back

to 2002, e-books represent 0.05% percent of US publishers' total revenue only.

Copyright
Many

of the books are protected under copyright law Google needed to avoid problems with copyright infringement Google established a process requiring publishers and copyright holders to opt out of the program if they did not want their books to be searchable Publishers and copyright holders argued that they should control who can view and search their books

Main Problem
Google

have not consider about the rights and benefits of publishers Google are focus a lot on fair use Involved in a long Law suit

Critics, including the Internet Archive and Consumer Watchdog, claim the settlement would unfairly give Google an exclusive license to profit from millions of books
In addition, Google alone would have a license that covers millions of so-called orphan books, whose authors cannot be found or whose rights holders are unknown.

Q.1
Do you think that Google should have taken a different approach that would have allowed It to avoid litigation and lengthy delay in implementing its Book Search Library Project?

 Google

should taken a different approach separate the approach into three parts Profit, copyright and fair use.

Profit
Google

approach: give $ to them Suggest approach: discus profit to publishers and writers first Advantage: 1. Avoid paying settlement fee 2. Pull down profit from publishers and writers go Google can earn more in a long term 3. Free advertisement

Copyright
Google

approach : N/A at that moment Suggest approach: use partner scheme at the beginning Advantage: 1. Avoid litigation

Fair use
approach: settlement fee Suggest approach: set a contract with publishers and authors about the usage of the scanned materials Advantages: 1. Fix the profit percentage -> Google earn more further 2. increase trust from publisher and authors
Google

Q.2
As a potential user, are you favor of or do you oppose the Book Search Library Project? Explain your answer.

As a readers
Favor of Preview the book without purchasing, contrast to the concrete book which completely wrapped by plastic. Find out books which are not printed and sold on book store but can be found in the Internet. Project offer a efficiency way to search book

As an author
Favor of Authors who write special topic can also sell their books online, they do not concern about cost in printing and storing books. Increase authors popularity by putting their books on popular search engineer.

As a search engineer
Favor of Well know search engineer can earn money by promoting books on library

Oppose
books

may be extinct since reading habit change. Example: HMV CDs Some countries do not protect copyright very well, copyright problem occur and authors revenues reduce.

Q.3
The proposed settlement gives Google an unfair advantage?

 The proposed settlement would give Google the right : To display the books online and To profit from them by selling access to individual texts In fact, Google is not the only one who can get advantages Readers, public, publishers, and authors are also benefited Then, Ill talk about the advantages that they can get

Readers and the public

Easily

discover new books Easily find relevant books More options to access books No limited time and number of users Renew access to millions of out-of-print books Enjoy the rare documents again

Publishers and authors

Discover

new readers Increase publicity Google is famous -> good to book sales Strengthen relationship between them and readers Share revenue to directly profit from the project

Google
Gain

a considerable revenue Occupy a significant market place Highly enhance its service Own a license that covers orphan books

Unfair?
Google

has already paid $125 million for the compensation As I said before, all parties can be benefited Win-win situation In fact, other search engines or companies may not have the ability to run the project successfully The advantages are only business advantages Therefore, the proposed settlement does not give Google an unfair advantage

Part B
China Situation: A show of IP protection

Example:Corrupt CDs
USA

vs China on economy 15 Apr 2007 USA claim: China should corrupt pirate CDs !! China reply: Fine, I corrupt then.

Example: Pirated mobile

DIGITIMES2009/8 Faster

development & Lower Price High performance as the True Copy

Pirate Mobile 37.4%

Example: Pirated mobile

China

cancelled the requirement of Mobile Production License and require the license for selling instead A recognition about pirate mobiles

Example: Pirated mobile

In

2009, the exportation of pirated mobile is:

140,000,000 mobiles

Source from:

Part B
Hong Kong Situation: Overkill towards the Pirates

Example:The first one who arrested due to BitTorrent sharing

Criminal,

Jail for 3 months The movies he uploaded are (2003)(2001) (2001) from his interview Obviously not serious harm to the copyright owner

Example:A draft law of IP Protection towards the Internet

Copyright

owner not really care about Derivative works on their creations

Example:A draft law of IP Protection towards the Internet

Government If the action can be proven that harming the copyright Not clear enough statement
Source:2011

Example:A draft law of IP Protection towards the Internet

Fair use doctrine Factor to consider when evaluating the use of copyrighted material

Conclusion

Copyright ?
Really

a law for protecting the Intellectual Property?

Economy

Factor Political Factor

END