This in today's NYTimes, about the Google plan to digitize whole libraries:
Writers Sue Google, Accusing It of Copyright Violation
By EDWARD WYATT
Published: September 21, 2005
Three authors filed suit against Google yesterday contending that the
company's program to create searchable digital copies of the contents of
several university libraries constituted "massive copyright infringement."
The University of Michigan has agreed to let Google create a searchable
database of its library collection.
Related Class Action Complaint (The Authors Guild v. Google)
Readers
Forum: Technology and the Internet
The lawsuit, filed in United States District Court in Manhattan, is the
first to arise from the Google Print Library program, the fledgling
effort aimed at a searchable library of all the world's printed books.
Google intends to make money from the project by selling advertising on
its search pages, much as it does on its popular online search-engine site.
The plaintiffs, who are seeking class-action status, also include the
Authors Guild, a trade group that says it represents more than 8,000
published authors. Listed as plaintiffs in the suit are Daniel Hoffman,
a former consultant in residence at the Library of Congress and the
author of many volumes of poetry, translation and literary criticism;
Betty Miles, an author of children's and young adult fiction; and
Herbert Mitgang, the author of a biography of Abraham Lincoln as well as
novels and plays. Mr. Mitgang is a former cultural correspondent and
editorial writer for The New York Times.
Each of the plaintiffs claim copyright to at least one literary work
that is in the library of the University of Michigan, according to the
suit. Michigan is one of three universities, along with Harvard and
Stanford, that agreed last year to let Google create searchable
databases of their entire collections. The New York Public Library and
Oxford University also entered into agreements with Google, but only for
the works in their collections that are no longer covered by copyright.
Paul Aiken, executive director of the Authors Guild, said the
organization did not know whether Google had yet copied any of the works
by the plaintiffs. But he noted that they were seeking an injunction
against copying and a declaration that the program violates copyright
law, as well as damages from any violations so far.
The suit contends that Google knew or should have known that the
Copyright Act "required it to obtain authorization from the holders of
the copyrights in these literary works before creating and reproducing
digital copies of the works for its commercial use and for the use of
others."
Google has said from the beginning that its program is covered by the
"fair use" provision of the copyright law, which allows limited use of
protected works. In a statement issued in response to the suit, Google
also said its program respected copyrights.
"We regret that this group has chosen litigation to try to stop a
program that will make books and the information within them more
discoverable to the world," the statement said. "Google Print directly
benefits authors and publishers by increasing awareness of and sales of
the books in the program. And, if they choose, authors and publishers
can exclude books from the program if they don't want their material
included. Copyrighted books are indexed to create an electronic card
catalog and only small portions of the books are shown unless the
content owner gives permission to show more."
Google temporarily suspended its library project last month to give
authors and other copyright holders until November to opt out by telling
it that they did not want certain works to be copied.
But Mr. Aiken said that offer turned longstanding precedents in
copyright law upside down, requiring owners to pre-emptively protect
rights rather than requiring a user to gain approval for use of a
copyrighted work.
Some aspects of the Google Print program have encountered relatively
little opposition, particularly one that invites publishers to submit
their books to Google for scanning and inclusion in the Google search
engine. Most of the large commercial publishing houses have submitted
books to Google for scanning, in the hope that the program will lead
users to find and buy their books more easily.