The U.S. Copyright Office recently published a report that addresses one of the most controversial areas of copyright law right now—the mass digitization of books.According to the agency, the report is intended to facilitate further discussions among the affected parties and the public regarding possible approaches to the issue, including voluntary initiatives, legislative options, or both. The report also identifies questions to consider in determining an appropriate policy for the mass digitization of books.
The analysis was prompted by a ruling by the U.S. District Court for the Southern District of New York in which the court rejected a proposed settlement in the copyright infringement litigation regarding Google’s mass book digitization project. The court found that the settlement would have redefined the relationship between copyright law and new technology, and it would have encroached upon Congress’s ability to set copyright policy with respect to orphan works.
Since the decision was issued in March, a group of authors has filed a lawsuit against five university libraries that participated in Google’s mass digitization project. These developments have fueled the debate regarding the risks and opportunities that mass book digitization may create for a large number of stakeholders, including authors, publishers, libraries, technology companies, and the general public.
According to the Copyright Office, its analysis will serve as a basis for further policy discussions on this issue. Among other issues, the reports addresses the following, as they relate to mass digitization:
- The objectives and public policy goals of mass digitization projects
- Liability for infringement
- Fair use
- Orphan works
- Direct licensing options
- Collective licensing options, including voluntary, extended, and statutory
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