NDLI: “Google Books” : 17 U.S.C., § 107 Limitations on Exclusive Rights: Fair Use – The Authors Guild, Inc., Betty Miles, Joseph Goulden and Jim Bouton v. Google Inc.

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“Google Books” : 17 U.S.C., § 107 Limitations on Exclusive Rights: Fair Use – The Authors Guild, Inc., Betty Miles, Joseph Goulden and Jim Bouton v. Google Inc.

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IIC - International Review of Intellectual Property and Competition Law : Volume 45, Issue 1, February 2014

IIC - International Review of Intellectual Property and Competition Law : Volume 44

“Google Books” : 17 U.S.C., § 107 Limitations on Exclusive Rights: Fair Use – The Authors Guild, Inc., Betty Miles, Joseph Goulden and Jim Bouton v. Google Inc.

Content Provider	Springer Nature Link
Copyright Year	2014
Abstract	1. Fair use is a defense to a claim of copyright infringement. The doctrine permits the fair use of copyrighted works to fulfill copyright’s very purpose, “[t]o promote the Progress of Science and useful Arts.” The determination of fair use is an open-ended and context-sensitive inquiry, and thus the fair use doctrine calls for a case-by-case analysis. The four factors enumerated in the statute are non-exclusive and provide only general guidance; they are to be explored and weighed together, in light of the purposes of copyright. 2. The first factor is “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.” 17 U.S.C. § 107(1). A key consideration is whether, as part of the inquiry into the first factor, the use of the copyrighted work is “transformative.” The use of book text to facilitate search through the display of snippets is transformative. Similarly, Google Books is also transformative in the sense that it has transformed book text into data for purposes of substantive research. Google Books does not supersede or supplant books because it is not a tool to be used to read books. Instead, it adds value to the original and allows for the creation of new information, new aesthetics, new insights and understandings. Even assuming Google’s principal motivation is profit, the fact is that Google Books serves several important educational purposes. The first factor strongly favors a finding of fair use. 3. The second factor is “the nature of the copyrighted work.” 17 U.S.C. § 107(2). The books at issue are published and available to the public. These considerations favor a finding of fair use. 4. The third factor is “the amount and substantiality of the portion used in relation to the copyrighted work as a whole.” 17 U.S.C. § 107(3). Here, as one of the keys to Google Books is its offering of full-text search of books, full-work reproduction is critical to the functioning of Google Books. This factor weighs slightly against a finding of fair use. 5. The fourth factor is “the effect of the use upon the potential market for or value of the copyrighted work.” 17 U.S.C. § 107(4). Google Books provides a way for authors’ works to become noticed, much like traditional in-store book displays. Further, Google provides convenient links to booksellers to make it easy for a reader to order a book. In this day and age of on-line shopping, there can be no doubt but that Google Books improves books sales. The fourth factor weighs strongly in favor of a finding of fair use. 6. Finally, the various non-exclusive statutory factors are to be weighed together, along with any other relevant considerations, in light of the purposes of the copyright laws. Google Books provides significant public benefits. It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders. It has become an invaluable research tool that permits students, teachers, librarians, and others to more efficiently identify and locate books. It has given scholars the ability, for the first time, to conduct full-text searches of tens of millions of books. It preserves books, in particular out-of-print and old books that have been forgotten in the bowels of libraries, and it gives them new life. It facilitates access to books for print-disabled and remote or underserved populations. It generates new audiences and creates new sources of income for authors and publishers. Indeed, all society benefits. Google provides the libraries with the technological means to make digital copies of books that they already own. Google’s actions in providing the libraries with the ability to engage in activities that advance the arts and sciences constitute fair use.
Starting Page	237
Ending Page	238
Page Count	2
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	45
Issue Number	2
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2014-02-07
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	International IT and Media Law, Intellectual Property Law
Content Type	Text
Resource Type	Article
Subject	Political Science and International Relations Law

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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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“Google Books” : 17 U.S.C., § 107 Limitations on Exclusive Rights: Fair Use – The Authors Guild, Inc., Betty Miles, Joseph Goulden and Jim Bouton v. Google Inc.

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“Google Books” : 17 U.S.C., § 107 Limitations on Exclusive Rights: Fair Use – The Authors Guild, Inc., Betty Miles, Joseph Goulden and Jim Bouton v. Google Inc.