On Thursday, November 14, 2013, eight years after the Authors Guild sued that Google Book Search violated the rights of authors, Judge Denny Chin finally handed down
his decision (PDF) on the lawsuit. The Internet giant’s project to scan millions of books held by academic libraries was found to “[advance] the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders.”
Advocates of fair use are applauding Judge Chin’s decision. Brandon Butler, formerly Director of Public Policy Initiatives at the Association of Research Libraries (and a co-facilitator in the development of the
ARL’s Code of Best Practices in Fair Use for Academic and Research Libraries),
calls the decision “a powerful affirmation of the value of research libraries.” The Library Copyright Alliance, which last year issued an
amicus brief in the case, quoted leaders of library organizations in a
press release issued yesterday:
“ALA applauds the decision to dismiss the long running Google Books case. This ruling furthers the purpose of copyright by recognizing that Google’s Book search is a transformative fair use that advances research and learning.” – Barbara Stripling, president of the American Library Association
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“This decision, along with the decision by Judge Baer in Authors Guild v. HathiTrust, makes clear that fair use permits mass digitization of books for purposes that advance the arts and sciences, such as search, preservation, and access for the print-disabled.” – Carol Pitts Diedrichs, president of the Association of Research Libraries
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“I echo the comments of my colleagues that this ruling, that strongly supports fair use principles, enables the discovery of a wealth of resources by researchers and scholars. Google Book search also makes searchable literally millions of books by students and others with visual disabilities. This is a tremendous opportunity for all our communities.” – Trevor A. Dawes, president of the Association of College & Research Libraries
Inevitably, the Authors Guild has already
announced its plan to appeal the decision. And some critics, while perhaps not siding with the Authors Guild, have questioned Google’s motives in embarking on the project –
readers’ privacy is uncertain, for example.
Google has also been criticized for providing low-quality or sometimes just incorrect metadata for the books it has scanned. But having access to such an enormous textual corpus, despite its flaws, is a boon for researchers working in the field of natural language processing — Brandon Butler lauds the decision as “a victory…for transformative, non-consumptive search” — as well as for the visually disabled.
What is fair use? It’s a right granted to us that allows us to use copyrighted materials without permission from the copyright holder, under certain circumstances. The central purpose of the doctrine of fair use is to encourage creative expression and innovation through the transformative use of intellectual property.
Fair use is not unusual—quite the contrary: it’s applied every day, in a variety of circumstances. Have you quoted an author in a paper for class? That’s fair use! Have you watched “The Daily Show,” or “South Park”? You’ve enjoyed the humor of parody that fair use allows! Have you DVRed those shows to watch later (or do you remember the dark ages of recording TV shows on your VCR)? Even though you’re technically making a copy, that kind of copying is also fair use.
But fair use is sometimes mischaracterized as being too difficult to determine and thus advised against out of fear of infringement. So, the organizers of Fair Use Week hope to increase awareness and understanding of fair use, and emphasize its importance to the creation of new knowledge.
There are several online events taking place as part of Fair Use Week:
Are you:
…a scientist hoping to maximize the audience for your research?
…a student who’s tried to access a journal article through Google and hit a paywall?
…an early career researcher concerned about establishing your scholarly reputation?
…a taxpayer who wants to be able to access government-funded health research?
If so, then Open Access is relevant to you!
This week, Snell Library is celebrating International Open Access Week, which highlights the importance of expanding access to research on a global scale. Open Access Week is an international event now in its eighth year – its purpose is to raise awareness about inequities in access to information and promote change in the publishing industry.
Traditionally, researchers access information they need through a personal subscription, buying a book, or accessing information through a library. But what if your library doesn’t have a subscription? Or, what happens when you graduate? Or, what about researchers in developing countries where the costs of access are out of reach? (Journal subscriptions can cost thousands of dollars.) These are some of the reasons why opening access to research is important.
The theme of International Open Access Week this year is “Generation Open” – highlighting the importance of students and early career researchers as advocates for change. Snell Library has several events planned to celebrate OA Week; given the theme this year, I’m very pleased that for the first time, one of our events features a Northeastern student’s work! And be sure to stop by our table in the lobby of Snell every day this week (11:30-1:30) to learn more and pick up a totebag, laser-cut bookmark, or pen!
Schedule of Events
Monday, October 20
3:00 pm-4:30 pm
90 SL
In just a few weeks, we’ll be celebrating the sixth annual international Open Access Week, held this year October 22-26, 2012. As in 
Noted author and speaker David Weinberger will join us to celebrate Open Access Week on Thursday, October 25. David is a senior researcher at Harvard University’s Berkman Center for the Internet and Society, where he writes about networking knowledge and the effect of technology on ideas, business and society. He is the author of Too Big to Know, Small Pieces Loosely Joined, Everything Is Miscellaneous, and a coauthor of The Cluetrain Manifesto. This event is open to all – please