Google
computer law & security report 24 (2008) 253–260
available at www.sciencedirect.com
www.compseconline.com/publications/prodclaw.htm
Copyright, Google and the digitization of libraries
Armageddon on the digital superhighway: Will Google’s e-library project weather the storm?
Akhil Prasad, Aditi Agarwala
Gujarat National Law University, India
abstract
This paper examines the concept of copyright as an intellectual property in the digital age and the utilitarian objective which an intellectual property seeks to achieve. In that respect ‘fair use’ as a concept of U.S. copyright law has been critically analysed. An ongoing Court battle involving the dispute between Google and the Author’s Guild & Publishers has been examined and an attempt has been made to justify the act of Google under the fair use doctrine. At the heart of the work, one shall be able to appreciate the pressing need for the copyright laws to be rewritten for the digital age. Recourse has been made to numerous case law to appreciate the concept of fair use and this paper concludes by holding Google’s project of digitizing copyrighted books as ‘fair’ as it fulfills the primary aim of copyright law which is ‘‘encouragement of learning’’ and ‘‘dissemination of knowledge’’. ª 2008 Akhil Prasad & Aditi Agarwala. Published by Elsevier Ltd. All rights reserved.
1.
Copyright – A stimulus to creativity
Innovation and creativity are the tools to climb the progressive ladder of humanity. It is not only to be encouraged by allowing the intellectual mind to reap the fruits of his labor through trade and commerce but also prevent his loss/detriment by prohibiting unauthorized and unscrupulous persons or entities to unjustly enrich their pockets. This can be done through sales on the sly or, enhancing their reputation or marketability of the work under their hand, by lifting the copyrighted material and incorporating/merging it in their own without the permission of the author, often minus
available at www.sciencedirect.com
www.compseconline.com/publications/prodclaw.htm
Copyright, Google and the digitization of libraries
Armageddon on the digital superhighway: Will Google’s e-library project weather the storm?
Akhil Prasad, Aditi Agarwala
Gujarat National Law University, India
abstract
This paper examines the concept of copyright as an intellectual property in the digital age and the utilitarian objective which an intellectual property seeks to achieve. In that respect ‘fair use’ as a concept of U.S. copyright law has been critically analysed. An ongoing Court battle involving the dispute between Google and the Author’s Guild & Publishers has been examined and an attempt has been made to justify the act of Google under the fair use doctrine. At the heart of the work, one shall be able to appreciate the pressing need for the copyright laws to be rewritten for the digital age. Recourse has been made to numerous case law to appreciate the concept of fair use and this paper concludes by holding Google’s project of digitizing copyrighted books as ‘fair’ as it fulfills the primary aim of copyright law which is ‘‘encouragement of learning’’ and ‘‘dissemination of knowledge’’. ª 2008 Akhil Prasad & Aditi Agarwala. Published by Elsevier Ltd. All rights reserved.
1.
Copyright – A stimulus to creativity
Innovation and creativity are the tools to climb the progressive ladder of humanity. It is not only to be encouraged by allowing the intellectual mind to reap the fruits of his labor through trade and commerce but also prevent his loss/detriment by prohibiting unauthorized and unscrupulous persons or entities to unjustly enrich their pockets. This can be done through sales on the sly or, enhancing their reputation or marketability of the work under their hand, by lifting the copyrighted material and incorporating/merging it in their own without the permission of the author, often minus