Book scanning prompts review of EU copyright laws

Oct 19, 2009  12:15 PM (ET)

By AOIFE WHITE
Associated Press

http://apnews.myway.com//article/20091019/D9BE91E80.html


BRUSSELS (AP) - The European Commission said Monday it may revise 
copyright law to make it easier for companies like Google Inc. to scan 
printed books and distribute digital copies over the Internet.

Such changes would likely include ways to more easily compensate authors 
and publishers, possibly through a statutory license in which a company 
would automatically get rights to scanning and would pay royalties to a 
collective pool. Money from that pool would then get distributed to 
copyright holders.

Under Europe's current patchwork of copyright laws, rights are now 
managed separately in each of the European Union's 27 nations, making it 
difficult to seek permission to republish or digitize content, 
especially when the rights holder is hard to find.

The European Commission said it would start work next year, with the 
goal of encouraging mass-scale digitization and suggesting ways for 
compensating copyright holders. Any suggested changes to European law 
would have to be approved by EU governments and lawmakers.

The commission said the move was partly triggered by a hearing it held 
in September where European authors, publishers, libraries and 
technology companies spoke out about how they would be affected by a 
deal Google is negotiating in the U.S.

Google has been scanning millions of books still under U.S. copyright. 
Under a tentative settlement with U.S. authors and publishers, that will 
cover all books unless the copyright holders object. A judge still needs 
to approve the settlement after the parties make changes to address U.S. 
Justice Department concerns. EU antitrust authorities are not examining it.

The European Commission, the EU executive, said that deal would create a 
situation where "the vast number of European works in U.S. libraries 
that have been digitized by Google would only be available to consumers 
and researchers in the U.S. but not in Europe itself."

EU regulators want to study this year the impact of new rules on 
so-called orphan works - books in which the copyright holder can't be 
traced or where copyright is unclear. One idea under consideration is 
having a manager stand in for authors who aren't represented by the 
existing copyright agencies that collect and distribute royalties.

EU Media Commissioner Viviane Reding said Europe "had most to offer and 
most to win from books digitization" as long as it can sort out the 
legal issues that prevent book scanning.

"If we act swiftly, pro-competitive European solutions on book 
digitization may well be sooner operational than the solutions presently 
envisaged under the Google Books settlement in the United States," she said.

Worries over EU copyright are also holding back Google's efforts to scan 
books in European libraries. Unlike the U.S., Google is only scanning 
European books over 150 years of age to avoid infringing copyrighted 
material.

European books within EU copyright will only be added if copyright 
holders agree, the company says. If there are U.S. editions of the same 
works, they would be covered by U.S. copyright - and likely also by the 
Google settlement deal.

Overall, Google has scanned some 10 million books - many of them still 
in copyright.

Europeana, a EU-backed project to put content from European libraries 
online, has some 4.6 million images, texts, and audio and video files, 
including works from the Louvre, the British Library and Amsterdam's 
Rijksmuseum.

-- 
================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204 
Voice: 713-743-3923  Fax: 713-743-3927
Mail: antunes at uh dot edu

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