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Google digitises 'orphan' books

24 May 2010

Since the 'Google Books Initiative' inception in 2002, 12 million books have been scanned, with an estimated eight million of those still protected by copyright. It intends to make these books available to readers as a downloadable PDF. The main issues of concern to parties opposing the project, is whether it should be able to gain an 'unfair' advantage by taking control of books that are referred to as 'orphan works', a term applied to works which are still protected by copyright, but where the copyright holder cannot be located.

One of the questions asked by organisations representing authors and publishers is what right does it have to scan the full text of these 'orphan works' without the copyright holder's permission? This very question has lead to class action suits popping up around the globe.

The site argues that since it is not charging people to access such works, there is no exploitation of copyright. Furthermore, it argues that the 'pros', which include providing access to the public at large to works which are currently inaccessible, would outweigh the 'cons', in that the works in question would otherwise be gathering dust on library shelves.

Its goal to digitise millions of books has come under intense scrutiny from authors, publishers, photographers and illustrators, as well as rival tech giants such as Microsoft and Amazon, whilst legal professionals who specialise in copyright, watch this David and Goliath battle play out.

Karen Kitchen, from IP law firm, DM Kisch comments, "The initiative will allow users to discover "new" books, as well as providing limitless opportunities for aspiring authors and audiences alike. Access to information and freedom of knowledge are some of the advantages that will flow from such a project. However, many are critical of the project based on the copyright issues that result."