RE: AAP/Google in Chronicle of Higher Education

["a.wise" <a.wise@pls.org.uk>]

Hello all,

While I am no copyright lawyer, it is clear to me that scanning a work
produces a new copy and is therefore an act subject to copyright laws.
This means that Google and the libraries need to ask permission to scan,
and may need to negotiate particular terms with the copyright holders in
order to gain that permission.  Those conditions might include, for
example, citation of the author, security measures for the new file, or a
fee.

Google seems to be happy for any rights holders to 'opt out' of their
program, and while I can understand that this is convenient for Google to
administer it does fly in the face of copyright principles.  No wonder
publishers are concerned.  I suppose the AAP and other rights holder
groups could have encouraged a mass 'opt-out' by rightsowners, so in fact
a 6 month moratorium seems a pretty constructive suggestion. Just get
around a table and talk -- that's what should have happened in the first
place.

Here in the UK publishers sometimes license scanning rights through a
collective licensing agency.  Did Google or the universities ever approach
CCC for a licence to scan in the U.S.?

All the best,

Alicia

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Dr Alicia Wise
Chief Executive
Publishers Licensing Society
37-41 Gower Street
London, WC1E 6HH
+44 207 299 7733 phone
+44 207 299 7780 fax

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