Comments on: Move By Universities Creates New Problem For Google Books Deal http://paidcontent.org/2011/08/30/419-move-by-universities-creates-new-problem-for-google-books-deal/ The economics of digital content Fri, 24 May 2013 17:07:18 +0000 hourly 1 http://wordpress.com/ By: Sandy Thatcher http://paidcontent.org/2011/08/30/419-move-by-universities-creates-new-problem-for-google-books-deal/#comment-85053 Thu, 01 Sep 2011 00:28:37 +0000 http://paidcontent.wp.gostage.it/2011/08/30/419-move-by-universities-creates-new-problem-for-google-books-deal/#comment-85053 Yes, as Ms. Givens points out, this article gives the false impression that these orphan works will be made available to the general public. The universities undertaking these projects locally have been well advised by their legal counsel not to take that kind of risk, which would magnify their potential liability greatly.  I don’t myself buy the argument that what they are doing can be construed as fair use, but no doubt they are making that claim to take advantage of the special protection that Sec. 504(c)(2) of the law provides mitigating any awards for statutory damages if the employees of a nonprofit institution have a “reasonable” belief that what they are doing is fair use. If they are careful about researching the orphan status of these works, their legal exposure would likely be minimal anyway, even without the fair-use argument.

]]> By: Elsie Givens http://paidcontent.org/2011/08/30/419-move-by-universities-creates-new-problem-for-google-books-deal/#comment-85052 Wed, 31 Aug 2011 17:28:30 +0000 http://paidcontent.wp.gostage.it/2011/08/30/419-move-by-universities-creates-new-problem-for-google-books-deal/#comment-85052 While I think it is high time the orphaned works problem was solved, there are a couple of fallacies in claims from both sides of this question.  The first is the notion that these works are inaccessible.  They are, in fact, on the shelves of the library.  People still can check them out (or visit the library) and read them in print.  They are accessible, just not in the on-line form some people might prefer.

The other fallacy is the notion that these will now be accessible to thousands of people on-line.  The files in universities’ library servers are generally available only to students, faculty, and staff of that university–exactly the same people who can go to the library and use the book.  The effect of putting the book on-line in their system only means students, faculty, and staff no longer have to trouble themselves to step across the campus to the library.

I’m glad the scanning is being done, in hopes that one day these things may be more widely available, or that some copy may remain somewhere if enough people copy it, and migrate it to new formats, and/or print it on fresh paper–after the original book may be deteriorated.  Assuming they don’t destroy that book in the scanning process. 

But until then, let’s stop kidding ourselves about the digital panacea.  Print books on library shelves are still the safest way to preserve our past into our future, without lots more effort than just scanning a book.

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