So, Google won
another round in the fair use battle, now what? Google has been forging the way
for the digitization of books for just over a decade now, with little victory
steps along the way as they have climbed the ladder of the court system. The
Authors Guild has stated that the next stop will be the Supreme Court. Odds are
they will face another loss. While this victory may come as little surprise
since Google won the initial case against the Authors Guild in 2013 in a US
Circuit Court in New York, the victories for HathiTrust when they won their
fair use trial in 2012 and the appeal last year only helped to strengthen
Google’s case.
What does this
mean for libraries? Libraries now have the backing of the courts as well as a
clearer definition of what constitutes fair use. Does this mean that they will be
more willing to forge ahead, broadening their own digital access to books and
other materials? Google’s fight has helped libraries avoid or minimize legal
and financial risks by paving the way, thus opening up a whole new direction
for digital libraries. Will libraries now be able to digitize their collections
for the sake of preservation without worry of copyright infringement? Will they
be able to then offer those digital collections for checkout, provided they
retain a physical copy?
Perhaps Google’s
win raises more questions, but with the support of the legal system, opportunities
for digitization have increased for libraries. And, Judge Leval’s statement: “While
authors are undoubtedly important intended beneficiaries of copyright, the ultimate,
primary intended beneficiary is the public”, certainly is in line with the
mission of libraries in general.
For more information see the article in The Atlantic: http://www.theatlantic.com/technology/archive/2015/10/what-the-google-books-victory-means-for-readers-and-libraries/411910/
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