Authors sue universities over digital libraries
Alleged copyright infringement over grey area 'orphan' books

By Dean Wilson
TheInquirer.net

Tue Sep 13 2011, 12:24

http://www.theinquirer.net/inquirer/news/2108766/authors-sue-universities-digital-libraries



AUTHORS ARE SUING several universities around the world, including the 
UK and US, over the infringement of copyright of up to seven million 
books in their digital libraries.

The Authors Guild, the Australian Society of Authors, the Union Des 
Ecrivaines et des Ecrivains Quebecois (UNEQ) and eight individual 
authors have filed lawsuits against the University of Michigan, the 
University of California, the University of Wisconsin, the Indiana 
University and the Cornell University for copyright infringement, 
according to the Associated Press.

The issue revolves around the use of 'orphan' works, which are texts 
that are out of print, with no known whereabouts for the author, leaving 
the books in a kind of grey area on the outskirts of copyright law. 
These texts were uploaded to the University of Michigan's Hathitrust 
online library, to which other universities subsequently signed up.

The books were scanned from the University's physical library by Google, 
with five million done so far and several million left to go, but the 
authors and author societies claim that the scanning was unauthorised 
and illegal.

The University's dean of libraries, Paul Courant, said that it was in 
talks with the Authors Guild about some of the texts and was therefore 
surprised by the lawsuit. He added that he is confident that everything 
they have done and plan to do "is lawful use of these works".

The author societies do not agree, with the executive director of the 
Australian Society of Authors saying, "These aren't orphaned books, 
they're abducted books," while the president of UNEQ, Daniele Simpson, 
suggested that if this is allowed to stand then any university can make 
up its own rules about what qualifies as copyright infringement.

The authors want the books removed, in addition to unspecified damages.

The timing of this move is interesting, as Google and the book industry 
have until 15 September to come to an agreement over a long sought deal 
to create the largest online library in the world. Google's 
participation in the University of Michigan's alleged copyright 
infringement could put a damper on any possible agreement, or it could 
open up the possibility for universities to turn to Google for the 
digital library of their dreams.

-- 
=================================================
George Antunes          Voice (713) 743-3923
Associate Professor     Fax   (713) 743-3927
Political Science       Mail: antunes at uh dot edu
University of Houston
Houston, TX 77204-3011

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