Internet Archive Seeks Orphan Works Protection in Google Book Search Settlement
Josh Hadro -- Library Journal, 04/23/2009
- May 5 deadline
- Internet Archive wants same orphan works deal as Google
- Google's Librarian Newsletter is back
| Go back to the Academic Newswire for more stories |
In anticipation of the May 5 deadline for documents to be filed with the Southern District of New York U.S. District Court, a number of formal reactions to the Google Book Search settlement from interested parties are appearing.
According to a report in Publishers Weekly, lawyers for the Internet Archive on Friday delivered a letter "seeking permission to file a motion that would ask the court to alter the proposed settlement to grant other organizations that have scanned printed books the same copyright protection of orphan works that would be granted to Google in the settlement."
The story continues:
In the letter, the Archive notes that it is one of a number of parties interesting in opposing the settlement, "because it effectively limits the liability for the identified uses of orphan works of one party alone, Google...all other persons, including Internet content providers such as the Archive, would not be able to use orphan works broadly without being exposed to claims of infringement."
Academics seek to intervene
The motion from the Internet Archive follows an April 13 letter from a group including Lewis Hyde, professor of creative writing at Kenyon College and formerly director of the creative-writing program at Harvard University, Harry Lewis, professor of Computer Science at Harvard University and formerly Dean of Harvard College, and Charles Nesson of Harvard Law School and founder of the Berkman Center for Internet & Society.
The trio's filing specifically seeks an intervention "to defend our interest in orphaned works—to defend the public domain’s claim to free, fair use." Nesson, on behalf of the Open Access Trust, has proposed a charitable organization that would be "funded by the revenue generated by unclaimed orphaned works" pending a change to the terms of the Google Settlement.
A brief filed on behalf of libraries is expected by the deadline from the American Library Association and associated groups.
Librarian Newsletter revived
In other Google news, the company's latest edition of the Librarian Newsletter hit subscribers' inboxes on April 21 after a nine-month hiatus (the editor's note in the email mentions "a 6-month hiatus," though the previous newsletter is dated nine months previously, from July 2008; the editor's note in this Google Groups version has the correct "9-month hiatus").
Described as a quarterly publication on the information page, its release schedule has not been consistent, with previous gap spanning nearly 14 months between July 2008 and May 2007. And although the newsletter's content is dated April 6, the email blast was sent to subscribers more than two weeks later, leading some librarians to question the timing, given all the recent commentary on the settlement.
In addition to an entry on the potential benefits to libraries offered by the settlement from Daniel Clancy, engineering director for Google Book Search (look for an interview with him in the May 1 issue of Library Journal), other topics in the newsletter include Google's recently announced mobile Book Search interface, new magazine and newspaper content available via the News Archive Search, and an announcement about Knol, Google's collaborative topic-based general knowledge resource, often described as an endeavor similar to Wikipedia in scope.
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