Good Morning Dear Readers,
I just entered office and while checking my email realized that Pamela Samuelson is giving a talk on interface of digital preservation and copyright. It starts in next five minutes. The talk is available for live stream and focuses on –
” Preserving cultural heritage is an important obligation that our society owes to future generations. Digital technologies have opened up new opportunities for engaging in preservation activities. Copyright is sometimes a significant impediment to digital preservation, although to be sure, it is far from the only challenge digital preservationists face. This talk will focus attention on the role that fair use may play in surmounting the copyright challenges, in light of the very recent appellate court decision in Authors Guild v. Google Inc. The Authors Guild v. HathiTrust appellate court decision from the previous year has affirmed the fairness of digitizing for purposes of creating a full-text searchable database, preserving in-copyright materials, and enhancing access to the contents of books for print-disabled persons. The Google decision makes it clear that serving up snippets that do not show enough of the expression in copyrighted materials to supplant market demand is fair use. Although the Authors Guild has announced that it will ask the Supreme Court to review the Google decision, this talk will explain why I think that appeal will not be successful. The greater challenge, however, is how to increase public access to the contents of the cultural artifacts of the 20th century beyond snippets. This talk will consider how much work fair use can do to achieve this objective and will discuss the Copyright Office’s proposal for an extended collective license solution to the problem of attaining more access to the contents of in-copyright materials.”
For all copyright lawyers, who are keeping a close eye on the Second Circuit’s decision in the latest Google Library Project Case, this talk is likely to give a neat insight into why Authors Guild’s appeal to the Supreme Court is likely to fail.
Sorry for the delay in posting it but I myself came to know about it just ten minutes back. For those who miss the talk, watch out for my next post on the transcript of the discussion.