Why Google s Digital Library Project Is A Violation Of...

A co-operation about digitizing the books in libraries was announced by Google and several major libraries on December 14, 2004. In this project, all the books in these libraries will be sent to Google for scanning and making digital copies, then they will entered into the Google search engine. At last, all the library books will be returned to libraries unharmed. Allowing all Google’ s users search the full text the these books by using Google search engine, which is the purpose of this project, can huge increase the assessment to the works open to public (Hanratty, 2004:1). This article will analyze why Google’ s Digital Library Project is a violation of international copyright law and discuss the practical implications for legislature†¦show more content†¦These rules require rigidly the users of fair use can not unjustly earn money by using these works, then the nature of the copyrighted work that can not do harm to the copyrightholder, at the same time the use which can decrease the value of the works in future market is also prohibited (Prasad and Agarwala, 2008:253). Consequently, the key point of determining whether Google’s project constitute infringement is a full fair use analysis. A.Purpose and character of the use The first factor examines the purpose and character of the use. Whether the use was â€Å"of a commercial nature or is for nonprofit educational purpose.† (U.S.C 107, 2000 cited in Hanratty, 2005:16). should be determined. First of all, Google is a ‘for-profit’ company, Prasad and Agarwala argued that although Google can not received money from books directly, it still can make profit by the advertising space which Google sell on its digital library web page (2008:258). Moreover, Google can improve its value of service by this project, which increase the value and the reputation of Google, which is might not intentional. Google may can distribute the sales revenue to the copyright holders or the libraries to create a â€Å"win-win† situation, but this action is still out of the area of â€Å"fair