A court ruling on Friday gave Google a new boost of confidence for its ambitious goal to digitize all the world's books. The ruling also gives us a new test of the idea of "fair use" of copyrighted content for the era, in which we increasingly expect to find everything online including the kitchen sink.
The project is massive: Google wants to scan every book that exists, all 129,864,880 of them by the company's
own meticulous counting
Not surprisingly, the books' authors and publishers haven't been so thrilled about Google Books and its handling of their works without permission. Though Google argues that its online library allows people to discover research and literary works they might not come across otherwise, the Authors Guild
has fought the project
The New Yorker magazine
last month said
The Authors Guild court case against Google has stretched for a decade, landing at an appeals court in New York, where a three-judge panel on Friday
issued the latest opinion
"This copyright dispute tests the boundaries of fair use."
The ruling proceeded to side with Google, however, saying that the way the Web giant handled the books was "highly transformative" and represented fair use of copyrighted materials.
All Tech looked at the "fair use" test on Tuesday in the context of
Twitter removing sports media accounts
Here's the typical test:
- The purposes of the use (is it commercial?)
- The nature of the copyrighted work
- How big of a portion is being reproduced
- How the reproduction will impact the potential market for or value of the copyrighted work
In Google's case, one key issue was whether Google Books cut into the authors' profits from their works. In 2010, The New York Times
reported that
The appeals court on Friday ruled:
"The purpose of the copying is highly transformative, the public display of text is limited, and the revelations do not provide a significant market substitute for the protected aspects of the originals."Copyright 2016 NPR. To see more, visit http://www.npr.org/.