Publishers sue Google over book search project

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I'm not wrong

Sorry, no.

---Google is arguing this is fair use rights which it clearly isn't. They are caching too much of the book's contents. With your answers, I know you didn't read my link. The copyright office says you must get permission to publish any contents, even those 10 second trailers.---

No. A complete misunderstanding of fair use laws. You don't need to ask permission if the use is deemed "fair use", no matter how much of the work is re-used. Here's a good explanation:
http://www.eff.org/IP/eff_fair_use_faq.php
Congress never intended Copyright law to give copyright holders complete control of their works.

There are no clear-cut rules for deciding what's fair use and there are no "automatic" classes of fair uses. Fair use is decided by a judge, on a case by case basis, after balancing the four factors listed in section 107 of the Copyright statute. The factors to be considered include:

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes -- Courts are more likely to find fair use where the use is for noncommercial purposes.
The nature of the copyrighted work -- A particular use is more likely to be fair where the copied work is factual rather than creative.
The amount and substantiality of the portion used in relation to the copyrighted work as a whole -- A court will balance this factor toward a finding of fair use where the amount taken is small or insignificant in proportion to the overall work.
The effect of the use upon the potential market for or value of the copyrighted work -- If the court finds the newly created work is not a substitute product for the copyrighted work, it will be more likely to weigh this factor in favor of fair use.
4. What's been recognized as fair use?

Courts have previously found that a use was fair where the use of the copyrighted work was socially beneficial. In particular, U.S. courts have recognized the following fair uses: criticism, comment, news reporting, teaching, scholarship, research and parodies.

---They do have a right on how their product is marketed. Google did not sign any contracts and I would also sue them. Without control, you would not be able to enforce payment. Your LA link is dead.---

Again, where are such rights codified as law? Answer, they aren't. If you publish a book, I can go on Amazon and write any kind of review I want. Hence, you've just lost control of how the book is being marketed. Any bookstore in the world can put your book on sale for any price they want. No such control exists, nor is it guaranteed.

LA Times link again:
http://www.latimes.com/news/opinion/la-op-mediavore25sep25,0,4447438.sto

Posted by: tic swayback   Posted on: 10/19/05 You are currently: a Guest | Members login | Terms of Use

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