A bit of History
In 1709 the first statute passed to protect the content of books was passed.
This was soon followed by protection for engravings and lithographs as the
technology of the day moved on. The legislators have been playing catch-up
ever since, as they have tried to keep up.
Sound recording was protected in 1911. It was quaintly called ‘mechanical
copying rights’ when the rules were introduced. This protection was ‘rushed
in’ some 20 years after records became available. The history of
providing protection to sound recording
illustrates the complexities involved in providing copyright protection.
Film was protected in 1956 and software gained statutory protection in 1985.
In 1996 data gained a measure of protection as the whole business of
intellectual property was tidied up and all electronic formats recognised as
potential publications. Now the rules are sufficiently general that the
creator is assumed to own the copyright from the outset.
Copyright protection
Various conventions have evolved to introduce international respect for
the rules applied by other national legislators. In Europe and the US
copyright of a work now extends for 70 years after the year in which the author
dies. There are many special provisions for works published before the 70 year
rule was agreed, but 70 years is now the de facto standard.
However, the typographical arrangement of a text is only covered for 25 years
and it is a matter of debate if an artist who contributes a cover design enjoys
the shorter or the longer protection. There are special rules covering
translations which extend for 50 years after the translator dies.
Public domain and ‘Fair Use’
Public domain and fair use are very different concepts and are often
confused. A matter is said to be in the public domain if the facts are known
to members of the general public. However, the media in which the information
was published continues to enjoy copyright protection.
In Europe there is the concept of ‘fair dealing’, which only permits
work to be quoted for the purposes of review, research and criticism. This is a
much narrower definition that that of ‘fair use’ which is a US concept which
derives from the First Amendment to the American Constitution.
In the US, fair use includes the use of work in education and
considers whether the original work is being used for commercial gain, and the
impact that its use has on the copyright owner. The
Book Search and Library
project sponsored by Google relies on the provisions of ‘fair use’, as defined
in the US, for their project to work.
(See http://opencrs.com/rpts/RS22356_20051228.pdf)
The book scanning debate
With modern scanners capable of digitising 2-3,000 pages an hour, the
international heritage that is confined within the covers of a book could become
accessible to digital searches if firms such as Google get their way. Many of
the contracts for these books were signed before the advent of computing
technology and the copyright issues this raises have yet to be resolved.
There are two issues. Should the copyright owner have to give their express
permission? Is the digital version a separate entity? If it is, the person with
the digital copy might at some stage choose to exercise some rights of their own
and could in theory use the copy for purposes other than searching. So is the
digital version is some sense a separate copyright entity?
There is no problem with data systems holding data about a book. Publishers
are already obliged to make that information
available, as this is at the core of their role as disseminators of
information. The book searchers, such as Google or Amazon, argue that they are
simply extending the data they hold about a book by scanning the entire
contents. Why settle for a summarised contents page or index, when the
technology can pinpoint what you want within the text?
So the legal issues surrounding copyright remain the subject of active
debate as the technology opens new possibilities. The legislators are entitled
to some sympathy as they struggle to keep up.
This article is based around a talk given by Adrian, Laing of Adrian
Laing & Co at the London Book Fair in March 2006
