ip issues in digital libraries
TRANSCRIPT
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
IP ISSUES IN DIGITAL LIBRARIES
BY
SUCHITRA BAI
ALTACIT GLOBAL
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
MEANING OF DIGITAL LIBRARY
• The term “Digital Library” was coined because of the Internet and refers to an evolved new form of a library that could cover a wide range of information services.
• Digital Library is either referred as ‘library that contains material in digitized form,’ or a ‘library that contains digital material’. There were other definitions such as ‘library without walls’ or ‘library without books’.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
PURPOSE OF DIGITAL LIBRARY
• To collect, store and organize information and knowledge in digital form.
• Transforming printed information into digital form.
• Storage, retrieval and handling of ‘easy-to-use’ electronic information.
• Converting data from diverse media or formats into digital format.
• Classification techniques for improving retrieval efficiency.
• To promote economic and efficient delivery of information.
• To leverage the considerable investments in computing/communications infrastructure.
• Editing and formatting of contents in formats such as HTML, VRML, PDF, JPEG, MPEG, etc.
• Browsing and querying facilities for content based retrieval.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
COPYRIGHT LAW
• Copyright is a set of legal rights that an author has over his/her work for a limited period of time. Copyright covers everything from using images or sound files from the web to photocopying.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
RIGHTS RECOGNIZED UNDER COPYRIGHT LAW
• Reproduce (copy)
• Distribute copies
• Prepare derivative works
• Perform publicly
• Display publicly
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
PUBLIC DOMAIN
A public domain work is a creative work that is not protected by copyright and which may be freely used by everyone.
The reasons that the work is not protected include:
(1) the term of copyright for the work has expired and
(2) the author failed to satisfy statutory formalities to perfect the copyright.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
DIGITIZATION BY OR FOR LIBRARIES
• Libraries have the right to distribute works acquired digitally pursuant to contracts, and to create but not to distribute digital archival and replacement copies.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
DOCTRINE OF FAIR USE
• Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
FACTORS DETERMINE THE DOCTRINE OF FAIR USE
The four factors that determine fair use are as follows:
1. The purpose and character of the use: (a) Transformative, (b) Non profit Educational.
2. The nature of the copyrighted work: (a) Published, (b) Fiction, (c) Non-Fiction, (d) In-print, and (e) Out-print.
3. The portion of the work used: (a) Not essential and (b) Relatively small.
4. The effect of the use on the potential market: (a) Won't prevent the owner from using business.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
DOCTRINE OF FIRST SALE
Section 109 of the US Copyright law permits the owner of a lawfully made copy to dispose of it by lending or any other means. This is called the First Sale Doctrine because it permits copyright owners to control only the first sale of a work.
After that first sale, copyright owners are out of the loop when it comes to earning a share of any revenues that result from passing the book or periodical on to others. This is the basic legal foundation of the public library system.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
LICENSED AND UNLICENSED WORKS
• Digital works mostly are licensed and does not in practice pose a problem in many cases. Works which are licensed provides permission to distribute such works. For example,
a. permit limited access (ie, only registered students, faculty and staff; or only from a particular machine or machines; or only in a particular place; or only from a particular domain name or names);
b. not allow the library to keep a copy of the works when the license is terminated or expires;
c. attempt to limit users' copies and transmissions of the works;
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
AUTHORS GUILD INCV.
GOOGLE INC CASE
FACTS:• Plaintiff 1: Jim Bouton, is the legal or beneficial owner
of the U.S.COPYRIGHT in the book ‘Ball Four’.
• Plaintiff 2: Betty Miles is the legal or beneficial owner of the U.S. copyright in the book ‘The Trouble with Thirteen’
• Plaintiff 3: Joseph Goulden is the legal or beneficial owner of the U.S. copyright in the book ‘The Superlawyers: The Small and Powerful World of the Great Washington Law Firms’.
• All the above books was scanned by Google and are available or search on Google's website, without plaintiffs' permission.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
CONTD…
• In 2004, Google announced two digital books programs.
• The first, initially called "Google Print" and later renamed the "Partner Program," involved the "hosting" and display of material provided by book publishers or other rights holders. The second became known as the "Library Project," and over time it involved the digital scanning of books in the collections of the New York Public Library, the Library of Congress, and a number of university libraries.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
CONTD…
• Plaintiff The Authors Guild, Inc., is the nation's largest organization of published authors and it advocates for and supports the copyright and contractual interests of published writers.
• Google Inc. owns and operates the largest Internet search engine in the world. Each day, millions of people use Google's search engine free of charge; commercial and other entities pay to display ads on Google's websites and on other websites that contain Google ads.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
HISTORY OF THE CASE
• Plaintiffs commenced this action on September 20, 2005, alleging, that Google committed copyright infringement by scanning copyrighted books and making them available for search without the permission of the copyright holders.
• Google has defended the principal of Fair Use under § 107 of the U.S. Copyright Act. because they were only showing "snippets" for books where they did not have permission from a rights holder.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
THE BENEFITS OF THE AND GOOGLE BOOKS
• Google Books provides a new and efficient way for readers and researchers to find books.
• Google Books greatly promotes a type of research referred to as "data mining" or "text mining."
• Google Books expands access to books.
• Google Books helps to preserve books and give them new life.
• Google Books helps readers and researchers identify books, benefits authors and publishers.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
CASE DISMISSAL
• On November 14, 2013 the case, Authors Guild Inc. et al. v. Google Inc. was dismissed by U.S. Circuit Judge Denny Chin in Manhattan paving victory for Google and granting them the right to expand their digital library.
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
CASE RULING
Justice Chin ruled that showing excerpts of books in search results falls under fair use, and that Books "advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals."
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
THANK YOU