SOCIAL WEB MEDIA Google Book Search: Copyright, Fair Use and Access to Information.

SOCIAL WEB MEDIA

Google Book Search:

Copyright,Fair Use and

Access to Information

SOURCES

"Google and Its Enemies" - Jonathan V. Last, The Weekly Standard 12/10/2007, Vol. 013, No. 13

http://www.weeklystandard.com/Utilities/printer_preview.asp?idArticle=14...

"About Google Books" http://books.google.com/intl/en/googlebooks/about.html

“Google Books is Not a Library” - Pamela Samuelson http://www.huffingtonpost.com/pamela-samuelson/google-books-is-not-a-lib_b_317518.html

“Thumbnail Photos and Fair Use” - Dr. Fritz DolakJune 2005, Volume 3, Issue 2. ISSN 1545-777X

http://www.bsu.edu/library/article/0,1894,95111-6558-58973,00.html

“Copyright Office Assails Google’s Settlement on Digital Books” - Miguel Helft, New York Times, September 10, 2009

http://www.nytimes.com/2009/09/11/technology/internet/11books.html

1998 – Google formed

1996 – Google founders Page and Brin in graduate school – research project funded byStanford Digital Library Technologies Project

July 2004 Google started scanning and digitizing University of Michigan's library.

They eventually forged partnerships Stanford, Harvard, the Bodleian Library at Oxford, and the

New York Public Library.

Original plan: scan 15 million books now aims to scan 20 million - 32 million

The goal: create an indexed database which

would be freely available for use by the public.

Google Book Search ( books.google.com ) public launch in May 2005.

(scanning and indexing continues)

What does this cost Google?

"Microsoft is spending $2.5 million to scan 100,000 books; if that scale were to hold, Google might spend as much as $800 million."

-Jonathan V Last "Google and Its Enemies"

Google Book Search features ads in the browser frame

“Google's corporate philosophy is based on the model which brought them success: organizing

and giving away other people's content, creating space for advertisements in the process.” - Last

Compare Google Book Search model toApple's iTunes...

Compare Google Book Search model toApple's iTunes...

(pay per download vs ad-supported browsing)

“Google's corporate philosophy is based on the model which brought them success: organizing

and giving away other people's content, creating space for advertisements in the process.” - Last

Internet ArchiveProject Gutenberg

Other book digitization initiatives (commercial and otherwise):

Project Gutenberg (1971)

Amazon.com (for paid download)

HarperCollins making text of 20,000 books available for search engines, w/out fee. (Last)

Carnegie Mellon "Universal Library" Project/"Million Book Project"

China and India w/ the Library of Alexandria and some U.S. universitieshttp://www.archive.org/details/millionbooks

Concerns about Google Boojk Search:

pricing

privacy

cultural imperialism

copyright

Pricing

potential for high subscription fees for institutional use

“[...] Google [would eventually] have a de facto monopoly on out-of-print books. The DOJ has raised concerns that price-setting terms of the

GBS deal are anti-competitive.” Pamela Samuelson “Google Books is Not a Library”

Privacy

traditionally libraries have protected the privacy of their patrons

“Google has been unwilling to make meaningful commitments to protect user privacy.”

- Pamela Samuelson “Google Books is Not a Library”

Privacy

“When you enter a library, you can search for books without anyone tracking your queries, you can read whatever is available for as long as you want without anyone monitoring your intellectual privacy, and you can check books out knowing that the records of what you've checked out will be protected from disclosure by state laws and by librarian ethics obligations.”

Pamela Samuelson “Google Books is Not a Library”

Privacy

“Google has commercial incentives to store and process data about what you read, how long you read it, and what you read next, and then serve you ads that it thinks are appropriate given the searches you have just done.”

Pamela Samuelson “Google Books is Not a Library”

Cultural Imperialism

Concern that a large percentage of Google's program is dedicated to scanning books in

English. Reinforces power of English-speaking nations and cultures.

Copyright

Fair Use?

“In 1999 and again in 2002, the case of Kelly vs. Arriba Soft Corporation provided direction on the issue of "thumbnails" used on the Internet. Many consider the case to be a landmark case. It concluded that the use of thumbnails is a fair use of another person’s graphic, intellectual property under very strict and limited conditions. This interpretation of fair use, in regards to thumbnail images, applies when thumbnails are used in an indexing system.” - Dolak

“The consensus is that 125x100 pixels for landscape-sized images and 100x125 pixels for portrait-sized images should be used. The book covers used at Amazon.com are a good example of the use of this size of thumbnails. Google, on the other hand, has stretched the size to 150x150 pixels and they haven’t been sued yet.” - Dolak

Google Book Search 1) books in public domain (not subject to copyright)

2) books in copyright used by Google w/ permissions of publisher

3) a) books in copyright used w/out permissions of

publisher

b)books in copyright but rights holders are unknown (“orphan works”)

Google Book Search

Full ViewLimited Preview

Snippet ViewNo Preview Available

settlement

Google to pay 125 million

set up book registry

publishers can opt-out if they do not want the text of their books indexed

standard fee 63%

“In concert with Google, the registry would sell access to those books to individuals and libraries. The revenue would be split among Google, authors and publishers.”

“In essence, the proposed settlement would give Google a license to infringe first and ask questions later, under the imprimatur of the court,” Ms. Peters wrote in her prepared testimony.

“Copyright Office Assails Google’s Settlement on Digital Books”