Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

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Monday, December 18, 2006

The Limits of Fair Use

Dan Burk, University of Minnesota Law School, has published "The Mereology of Digital Copyright" as Minnesota Legal Research Studies Paper 06-66. Here is the abstract.

Among the most controversial of current information technology projects on the Internet is the Google Book Search project. Google, owner and operator of a leading Internet search engine, has contracted with a variety of libraries with to scan the contents of the books held in these libraries, many of which are under current copyright. From the scanned images, Google uses search engine technology to map the relationship of words in the scanned text to the other words in the text. Access to this index is provided via an on-line interface. However, Google has not sought the permission of copyright holders, and book publishers have sued Google for copyright infringement, charging that the scanning process creates an unauthorized digital copy of many copyrighted works. While Google has asserted a defense to these claims under the doctrine of fair use, a far more difficult and more far-reaching issue for database technologies is the legal status of the index created by Google, which maps the positions of the words in the books. This metadata is not technically a “copy” of the books in questions, but the books can be recreated from such metadata. The ownership and control of such metadata is becoming an increasingly contested question in database construction, and in the resolution of the presents a difficult but critically important problem of copyright doctrine and policy.

Download the entire paper from SSRN here.

 

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