When Google first announced their library project I figured this was an interesting way to call the question: what does fair use really mean in a digital age? Google believes not only that this project would be good for the publishing industry, but that it’s within fair use. Jonathan Band agrees in an ARL report – but clearly the old concept of “copy” needs tweaking in a digital era. These will be precedent-setting cases to watch.
Academic librarians tend to frame our understanding of – and conflicts about – intellectual property around issues of scholarly communication. But as Nancy Ramsey points out in a New York Times article, “The Hidden Cost of Documentaries,” the implications for culture are far wider and more complex. We need to be aware of copyright issues beyond scholarly communication. Lawrence Lessig’s Free Culture and Siva Viadhyanathan’s Anarchist in the Library are interesting approaches to the big picture.
Incidentally, Lessig’s book is free online from his site; Vaidhyanathan’s is full-text searchable through Google Print and Amazon. So far, civilization as we know it hasn’t fallen as a result. And it didn’t stop me from buying both in print.
I can’t help wondering – if lending libraries were invented today, would publishers lobby to delete the “first sale” doctrine from copyright law, arguing it enables a harmful form of organized piracy?