Google, the internet search giant, has been found guilty of infringing French copyright law by a court in Paris. French publishing house, La Martiniere, was awarded the sum of 300,000 Euros (equivalent to $ 430,000). Google must also pay an additional 10,000 Euros ($ 14,000) each day until the book extracts are withdrawn from Google’s database. The action was initiated by the French Publishers’ Association, as author’s group and La Martiniere.
The size of the final settlement is not important for Google. However, the ruling may impact upon Google’s plans to scan, and make available online, as much of the world’s literature as it can. Google is currently in the process of scanning and storing as many books as possible. Books which are out of copyright are made available in their entirety, books still covered by copyright either have “snippets” made available or have the whole book made available under a previously agreed licensing scheme.
It’s hardly the first time Google has found itself in hot water regarding their ambitious plan to become the world’s digital librarian. A class action was filed against Google Books by the Authors Guild, the Association of American Publishers and a number of individual authors and publishers in 2001. Google had, they alleged, breached copyright laws by scanning books from university libraries without getting permission from the copyright owners in some cases.
At the time, Google claimed that it was operating under the “fair use” principle as only short snippets of books scanned without the permission of copyright holders were made available.
In 2008 an agreement was reached with Google establishing a $ 125 million fund to provide compensation for authors who had their works made available online. However, the deal covered North America only and there were still concerns regarding books which, whilst out of copyright in America, were still bound by copyright law in other parts of the world.
As well as opposition from Europe, including both the German and French governments, Google faces competition from Yahoo, Microsoft and Amazon – who all support the “Open Book Alliance” run by the Internet Archive. The Internet Archive is a non-profit organisation which is also in the business of scanning and digitising books. Over half a million books have been scanned and stored by the Internet Archive to date, all of which are available free online. The founder of the Internet Archive, Brewster Kahle, is concerned that Google is attempting to monopolise the library system.
Google has argued that their system will make millions of out of print books, which would otherwise be inaccessible to most readers, available. Users of the Amazon Kindle can also access out of copyright ebooks via Amazon’s Kindle store and there are a number of other projects which make certain books available at no charge online. It does seem likely that our reading habits will change and the method of both book storage and delivery will be updated for the digital age. However, before that can happen it may be necessary to ensure that the legal framework is in place and that authors and other copyright holders are not disadvantaged.
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