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Google's e-library - Essay Example

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Fair use is an "affirmative defense to what would otherwise be an infringing act, such as reproducing a copyright work 17 U.S.C & 107 (200); Campbell. Acuff-rose Music, Inc (1985). People think Google should be punished for scanning these books without authors’ permission,…
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Google's e-library

Download file to see previous pages... There are four factors to scanning or copying books according to the fair use principle.
Fair use is the most significant limitation on the copyright holders exclusive rights (United States Copyright Office, 2010, para. 1). “The four factors are: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used and the effect to the use on the potential market Value of the Work (Hanratty, 2005).”
The first factor is about the purpose of copying commercial or educational purpose. Google says that it is not making profit from scanning; therefore, it is not commercial making profit by advertising. "Google also gave a copy to the library and allows authors to chose if they want their books scanned or not. For example Google also has this option policy where by the copyright holder can select not to get his/her book digitized" (Prasad and Agarwala. 2008.258). In order not to cause any effect or harm in commercial benefit therefore Google project will provide snippets only Moreover, Google will share the digitals copies for all libraries. Merely "coping a book into a digital format would not be deemed transformative because all that Google is changing in the medium print to digital see Kirkwood, 150 F.3d at 108, n.2."
The law states that whether the use is for non-profitable or commercial nature, this analysis should be taken into consideration. In circumstances where the analysis is for business purposes, presumption deliberates in contradiction to fair use. Practically, the court has found that commerciality is of no significant use to determine fair use. This can be attributed to the commercialization of secondary sources of copyright materials inclusive of the legal preamble. The root of this inquiry is to note whether the users profit by exploiting the copyrighted material devoid of customary price payment.
The offset of the commercial ...Download file to see next pagesRead More
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