Google makes case for Google Books scanning as ‘transformative’ fair use
Is Google’s book scanning practice “transformative”? Google argues that it is, the Authors Guild argues that it isn’t, This could be an important part of determining whether Google scanning all those books in violation of copyright could be considered a “fair use.” It follows on the heels of the appeals court decision back in July requiring that the circuit court rule on whether Google Book Search constituted fair use before deciding if the suit warranted class action status.
Google argues that its book search program was such an improvement over existing search functionality for books that its use was transformative. The Authors Guild, on the other hand, complains that “[The] only thing ‘transformative’ about Google’s display of snippets of in-print books is that it transforms online browsers of book retailers to online users of Google’s search engine.”
Michael Sauers is the Director of Logan Library in Logan, UT. Prior to this he was one of the founding staff and Technology Manager for Do Space in Omaha, NE. After earning his MLS in 1995 from the University at Albany's School of Information Science and Policy Michael spent his first 20 years as a librarian training other librarians in technology along with time as a public library trustee, a bookstore manager for a library friends group, a reference librarian, a technology consultant, and a bookseller. He has written dozens of articles for various journals and magazines and has published 14 books ranging from library technology, blogging, Web design, and an index to a popular horror magazine. In his spare time, he blogs at TravelinLibrarian.info, runs The Collector's Guide to Dean Koontz website at CollectingKoontz.com, takes many, many photos, and typically reads more than 100 books a year.
Unless otherwise stated, all opinions are my own and are not to be considered those of the City of Logan, UT.
View all posts by Michael Sauers
Is Google’s book scanning practice “transformative”? Google argues that it is, the Authors Guild argues that it isn’t, This could be an important part of determining whether Google scanning all those books in violation of copyright could be considered a “fair use.” It follows on the heels of the appeals court decision back in July requiring that the circuit court rule on whether Google Book Search constituted fair use before deciding if the suit warranted class action status.
