Professional Chamber American authors (Authors’ Guild) has challenged on appeal a court decision allowing Google to digitize millions of books and index in extracts in its search engine.
A new chapter opens in the case Google Books , the name of this project to create a digital library universal ‘ .
November 14, a court in New York to federal jurisdiction has given its green light to the Internet group to scan millions of books and incorporate excerpts in the result pages of the search engine.
In 2005, a few months after the project started, Google was sued by an umbrella organization for several authors, for reasons mainly related to intellectual property.
premise remains the complainants, at present, the following: Google has taken the liberty, without the permission of publishers or assigns, to scan, store and then propose on its Web extracts from more than 20 million books are still under copyright.
scanning and exploitation of this content is certainly governed by a framework agreement signed with U.S. libraries, but the terms of the contract were subject to debate.
early 2011, the U.S. court had ordered Google to reconsider its approach, considered “neither fair nor reasonable,” lack of safeguards to ensure the proper functioning of the market.
magistrate investigating the case believed that the particular fact to index the contents of digitized books on his own tools would give Google a clear competitive advantage in its sector of choice (the search).
He specifically made recommendations to smooth the agreement by insisting on the size of the opt-in, in other words, the obligation to seek the explicit consent of the authors and / or publishers to exploit their works .
changes made since Google seem to have convinced Judge Denny Chin.
latter also believes that the approach taken in the Books project is the ‘fair use’ (or ‘reasonable use’), which allows the reuse of a piece of content for informational purposes, as when literary critic insert a few paragraphs in his analysis of the structure studied.
added: “ Google Books advances the arts and sciences, while remaining respectful of copyright. It has become a valuable research tool for students, teachers, librarians [...], preserving the writings fell into obscurity “.
Professional Chamber American authors (Authors’ Guild), the origin of the complaint, in an appeal.
It refers in particular to snags encountered by Google Books in France.
four years, justice condemned Internet Group 300 000 euros in damages for infringement and copyright infringement.
through conciliation opened in June 2012, with the signing of a framework agreement around respect copyright, with the National Union of Edition (SNE) and the Society of People of Lettes (LDMS).
publishing house Albin Michel, Flammarion, Gallimard and the way had to turn it all up in 2011, their prosecution.
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