Chapter 6: Google Book Search Library Project

52645310 Chan Yu Pang52645383 Kou Man Chun52222530 Lam Yu Ching

52611804 Wong Pui Shan52645360 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.1Do 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 firstAdvantage: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 beginningAdvantage:1. Avoid litigation

Fair use Google 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 further2. increase trust from publisher and

authors

Q.2As 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.3The 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 textsIn fact, Google is not the only one who can get

advantages Readers, public, publishers, and authors are also

benefitedThen, I’ll 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 DIGITIMES， 2009/8 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:經濟觀察報 王芳

Hong Kong Situation:Overkill towards the Pirates

Part B

Example:The first one who arrested due to BitTorrent sharing

古惑天皇 Criminal, Jail for 3 months The movies he uploaded are《夜魔俠》

(2003)、《選美俏臥底》 (2001)，以及《宇宙深慌》 (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年版權（修訂）條例草案》

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