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Shop Talk: Need a Campus? This One’s Free.

February 22, 2012, 11:43 am

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  • d_fevens

    “Right now, the safe path is working with the public-domain materials,”

    Since most of the in-copyright works that the HathiTrust obtained from university-Google partnerships were made under questionable legal circumstances, these works should be placed in a “dark archives” until the copyright issues are resolved. As Pamela Samuelson said;

    It [The amended settlement agreement] would grant Google a license to give “library digital copies” of the books scanned from library collections back to those libraries and allow the libraries to make certain kinds of uses of the works.

    Douglas Fevens
    Halifax, Nova Scotia
    The University of Wisconsin, Google, & Me

  • bethplale

    The HathiTrust Research Center will not enable computational access to the copyrighted materials until the legal issues are resolved.

  • d_fevens

    Am I correct in saying that the HathiTrust is still making some uses of the copies of in-copyright works in question? When the University of Wisconsin-Google de facto commercial partnership digitized my work, they did so so knowing full well that it could possibly be illegal. Larry Goldbetter, president of the National Writers Union has stated “Because writers’ copyright infringement claims against Google have yet to be resolved, the NWU calls on Google to stop scanning without permission — now.”

    As I stated above the copies of in-copyright works the HathiTrust acquired in this manner should be placed in a dark archive until the matter is resolved.

  • soderdahl

    At the risk of overextending the tired “transformative use” test (see Olson’s article on the transformation of transformativeness — Transforming Fair Use Online — 14 Comm. L. & Pol’y 153, Spring 2009), this research center certainly enables the creation of new works that meet that third prong of the test in terms of using the original as raw material to create new information, rather than search-and-retrieval simply as a bigger better faster way to get to the traditional use of just plain old “reading.”

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