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Illustrators sue Google over book scanning

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Lurker
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It seems it would affect Amazon, too, because you can preview a page from most books there.
Matriarch
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With Amazon, I think it's a bit different when you can read 2 or 3 pages of a book online, most authors would welcome that - like you do in a bookstore to see if you think you'll like it.

What google is doing is scanning entire books:

Google has been scanning millions of books to create a digital library and electronic bookstore but the project has been dogged by controversy because of copyright, anti-trust and privacy issues.
Matriarch
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As far as I'm concerned Jill, if the money isn't being passed on to the author / publishers, it's akin to torrent sites and software / music theft.
Matriarch
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Quote by Jillicious
What would be the difference from reading books at Google and checking one out from a library?
You can't really keep the books from Google, but you can read them.


As far as I'm concerned Jill, if the money isn't being fully passed on to the author / publishers, it's akin to torrent sites and software / music theft.

This case has been going since 2005. There's nothing to say in that article if Google has come to any kind of agreement with the publishing houses. How would it work? Buy the book from google and download it?

EDIT: more here: http://www.wired.com/threatlevel/2010/02/google-books-fosters-intellectual-legal-crossroads/ and here: http://www.wired.com/threatlevel/2010/04/googlebooks/

Google would be able to scan them, sell them and place up to 20 percent of a title’s words in search results — all without the rights holder’s consent.

On the surface, that’s an apparent breach of the Copyright Act. But it begs the question: Does copyright law mean books have to stay on paper unless Google, or others, acquire permission by anybody who has a financial interest in any book?

Google answered “no.” The Justice Department and others, however, said “yes.”

The Justice Department claims Google’s proposition turns copyright law on its head and alters the “Copyright Act’s specific delineation of exclusive rights to authors.”
Active Ink Slinger
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Quote by nicola
Quote by Jillicious
What would be the difference from reading books at Google and checking one out from a library?
You can't really keep the books from Google, but you can read them.


As far as I'm concerned Jill, if the money isn't being passed on fully to the author / publishers, it's akin to torrent sites and software / music theft.


It's the same thing as downloading music. Somebody has to make money (ie: the author, musician).
Active Ink Slinger
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btw, I paid $9.00 at the library in late fees today. Where does that money go? just curious.
Matriarch
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Quote by fystee
btw, I paid $9.00 at the library in late fees today. Where does that money go? just curious.


It goes towards the upkeep of the library, and paying the staff, who are public sector workers.
Active Ink Slinger
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I still just think it's the same thing that the music industry went through.
Matriarch
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Quote by Jillicious
I'm pretty sure that when I check out a book from a library they do not pass on money to the author or publisher. The only difference is the medium. So are you sure it is akin to theft?


I believe publishers have an agreement with libraries, to show a small number of each book in their collection - I don't know the ins and outs of it exactly (interesting point). You are not likely to be able to get any new releases, or New York Times Best Seller books in my local library, you're more likely to get a 1956 Guide to Good Housekeeping, and a copy of Kramer v Kramer. Google will be making available large sections of books, free, with nothing passed on to the author.

Libraries will normally buy each copy of the books, so money does get passed on to the publisher.

Orphaned books from the looks of things would also represent pure profit for google, nobody will be paid commission, it's an opportunity for google to rake in more cash.
Matriarch
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It's a fascinating case: http://www.wired.com/epicenter/2010/02/justice-dept-to-google-books-close-but-no-cigar/

You must have a good library Jill! I do live out in the sticks now, so that could be one of the reasons.

"Nobody in their right mind opposes the intellectual soundness of digitizing the world’s books" - I agree with that. Provided authors are fully compensated, and google do the right thing. Google is one of the largest companies in the world, with profitability their core goal, let's not forget ulterior motives here.
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"Google Books is an historic effort to make all of the knowledge contained within the world's books searchable online," the spokesperson said. "It exposes readers to information they might not otherwise see, and it provides authors and publishers with a new way to be found."


... without the author's or the illustrator's permission, in defiance of copyright, regardless of whether the artist wants to be found; Nor are they compensating those who do own the copyrights. They are feeling very altruistic with something they don't own. How noble of them.

This thievery is born of the Orphaned Works act. The OWA was also supposed to be a noble cause to help libraries. With some digging however, it was revealed as a boondoggle funded mostly by Google and Microsoft. Within the OWA was some of the most blatantly ambiguous and poorly conceived legislation ever to rear its head. It killed the idea of copyright at conception and placed illustrators in the inevitable position of having to defend their copyright in order to protect it. It was bloated with meaningless phrases like "due diligence" and full of bureaucratic black holes such as unregulated registries that artists would need to pay into in order to "secure" their copyright. While all this is going on the so called "orphaned work" could be used until the copyright was proven -- in court -- at the artists expense. If the copyright was proven the compensation for the artist was capped so as not to be a burden on the "library system." Capped at levels that made it nearly impossible to cover the costs of a defense that wasn't necessary in the first place. All of this to help libraries. A library system that proved to be mostly Google.

It is sad because there are legitimate orphaned works out there. The legitimacy was squashed however by a greedy copyright grab that benefited the few at the expense of the many.

I could go on and on about this. I will spare you.

the OWA was defeated in congress in 2008. What we have here is Google, having failed to manipulate copyright law to their advantage, are just going to ignore it.
Matriarch
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Quote by NobeUddy
What we have here is Google, having failed to manipulate copyright law to their advantage, are just going to ignore it.


Precisely. And they have the $ to do so too.
Lurker
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Yes, Google is leveraging their size and power, in order to make more money.

The library system in the states is different, Nic. I can loan any top-selling book I want, and if they don't have it, ask for it. I agree with Jill. I'm already paying the library, through taxes, to buy the book, so I should be able to read it.
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Quote by Jillicious
I think there is a bigger issue than Google's actions.

Copyright law in the US is badly in need of re-examination.

When copyright law was first developed a copyright could last just under 30 years. Over time publishers have used their power in order to push this copyright law to complete ridiculousness. Now copyrights in the US are the life of the artist PLUS 70 years. That is rather insane. Once an artist is dead their copyrights should die with them, in my opinion.

http://en.wikipedia.org/wiki/History_of_copyright_law


I am of the opinion that if an artist, author, composer, musician, ect... can not make a decent profit off of their work within a reasonable time period, then their work is not worth the copyright in the first place. Copyright laws have gotten to the point where copyright renewals will basically keep the majority of creative works under copyright for centuries. This will eventually hinder the creative process for many. If somebody makes a new animated version of Cinderella would Disney feel they are entitled to royalties? The story of Cinderella is in the public domain but Disney has a copyright on it. I could only imagine how terrible it would be if Beethoven was still under copyright.

It is my adverse view of current copyright laws that I have chosen to publish the stories that I post here under a Creative Commons license. I never expect to make money on any of it. I never expect to be compensated for any of it. What I do expect is that those who read what I write will be entertained. I would be completely flattered if anyone took advantage of the Creative Commons options that I grant to everyone. You can modify, expand, or rewrite any of my work. The only request is that I am given credit as the original author and that your work is released under a similar license.

Google may be breaking current copyright laws but I am of the opinion that those laws are broken to begin with. Yes, creative artists should be reimbursed for their work. But there has got to be a limit. To me it seems as if there is a hefty amount of greed on both sides. It reminds me of young grade schoolers bickering over who came up with an idea first. Rather silly if you ask me.


I would have to respectfully disagree. My income comes from my copyright. It supports my family. When I die, does that mean my wife and children, who has supported me for 25 years through thick and thin times, are sorry out of luck? A copyright not only protects my creative work from unapproved use, It is a legacy that protects the vision of that creative work for years to come. If I am a writer, and I want my work to die when I die, and never be published again, that is my right. It is through the endowment of copyright that makes this possible (until it falls into the public domain.) To take this right and reverse the power so that when I die, anybody can do with it as they see fit, is galling in the extreme.

For artists especially, who's works often doesn't become valuable until AFTER they are dead, it is short sighted. To say "if... an author or artist ... can not make a decent profit off of their work within a reasonable time period, then their work is not worth the copyright in the first place." is an affront to masters like Van Gogh.

It is so very difficult to make a living as a creative. Most struggle their whole lives following a path that doesn't make economic sense to other people. I also have quite a few works covered under Creative commons licenses. They are gifts of sorts. Mine to give. I have never met a artist or author who is greedy. Most fight tooth and nail to keep what little rights and profits that they have coming to them. Most B list authors are lucky to keep 5% royalties of published works. Do you know how many books you need to sell to make that kind of math work against advances, and against marketing? With the exclusion of a few, authors are the the most famous middle class schmucks I know. Illustrators are even worse. Why do authors look to sell movie rights, and Illustrators look to sell image rights on calendars or coffee mugs? They do it to hopefully see some small percentage return for their work. Most will not. It is not greed to hope that some of my work will be enjoyed by my children and possibly my grandchildren; To see them harvest a crop that I spent a lifetime sowing. It is love for what I do.

Theodor Geisel set up Dr. Seuss Enterprises as a way to protect his creations after his death. Much of the money from holding this copyright, owned by his estate, goes to foundations and libraries and public works which benefit the greater whole while respecting the vision of the author and artist behind them. Would I trust Google to do this? I don't think so.

I am not meaning to rant here, and I don't want to offend. It is just my opinion -- but it hits very close to home for me. Life of the artist, plus 70 years is a small token when measured against generations creative consumption.
Matriarch
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Quote by NobeUddy
I would have to respectfully disagree. My income comes from my copyright. It supports my family. When I die, does that mean my wife and children, who has supported me for 25 years through thick and thin times, are sorry out of luck? A copyright not only protects my creative work from unapproved use, It is a legacy that protects the vision of that creative work for years to come. If I am a writer, and I want my work to die when I die, and never be published again, that is my right. It is through the endowment of copyright that makes this possible (until it falls into the public domain.) To take this right and reverse the power so that when I die, anybody can do with it as they see fit, is galling in the extreme.

For artists especially, who's works often doesn't become valuable until AFTER they are dead, it is short sighted. To say "if... an author or artist ... can not make a decent profit off of their work within a reasonable time period, then their work is not worth the copyright in the first place." is an affront to masters like Van Gogh.

It is so very difficult to make a living as a creative. Most struggle their whole lives following a path that doesn't make economic sense to other people. I also have quite a few works covered under Creative commons licenses. They are gifts of sorts. Mine to give. I have never met a artist or author who is greedy. Most fight tooth and nail to keep what little rights and profits that they have coming to them. Most B list authors are lucky to keep 5% royalties of published works. Do you know how many books you need to sell to make that kind of math work against advances, and against marketing? With the exclusion of a few, authors are the the most famous middle class schmucks I know. Illustrators are even worse. Why do authors look to sell movie rights, and Illustrators look to sell image rights on calendars or coffee mugs? They do it to hopefully see some small percentage return for their work. Most will not. It is not greed to hope that some of my work will be enjoyed by my children and possibly my grandchildren; To see them harvest a crop that I spent a lifetime sowing. It is love for what I do.

Theodor Geisel set up Dr. Seuss Enterprises as a way to protect his creations after his death. Much of the money from holding this copyright, owned by his estate, goes to foundations and libraries and public works which benefit the greater whole while respecting the vision of the author and artist behind them. Would I trust Google to do this? I don't think so.

I am not meaning to rant here, and I don't want to offend. It is just my opinion -- but it hits very close to home for me. Life of the artist, plus 70 years is a small token when measured against generations creative consumption.


Well said.
Lurker
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I thought this was interesting.