Legal Issues in Mass Digitization: A Preliminary Analysis and
Discussion Document
Background:
The
Copyright Office has published a Preliminary Analysis and Discussion Document
that addresses the issues raised by the intersection between copyright law and
the mass digitization of books. The purpose of the Analysis is to facilitate
further discussions among the affected parties and the public – discussions
that may encompass a number of possible approaches, including voluntary
initiatives, legislative options, or both. The Analysis also identifies
questions to consider in determining an appropriate policy for the mass
digitization of books.
Public
discourse on mass digitization is particularly timely. On March 22, 2011, the
U.S. District Court for the Southern District of New York rejected a proposed
settlement in the copyright infringement litigation regarding Google's mass
book digitization project. The court found that the settlement would have
redefined the relationship between copyright law and new technology, and it
would have encroached upon Congress's ability to set copyright policy with
respect to orphan works. Since then, a group of authors has filed a lawsuit
against five university libraries that participated in Google's mass
digitization project. These developments have sparked a public debate on the
risks and opportunities that mass book digitization may create for authors,
publishers, libraries, technology companies, and the general public. The
Office's Analysis will serve as a basis for further policy discussions on this
issue.