Centre protests ‘copyright violation’ by Google Books

Rituparna Bhuyan

Posted: Monday, Nov 09, 2009 at 0100 hrs IST
Updated: Monday, Nov 09, 2009 at 0100 hrs IST


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New Delhi: Web portal Google Books’ initiative to create a digital library by scanning printed publications has triggered alarm bells in India, forcing the Centre to take up the matter with the US government. In a meeting held in the last week of October here, senior Indian officials told their US counterparts that the portal would encroach upon the copyrights of Indian authors and publishers.

Google Books is a portal managed by US-based search engine giant Google which can be used to access contents of over seven million books stored in its digital database. The portal has led to numerous class action suites by authors and publishers in the US, France and Germany for offering this facility in alleged violation of copyrights laws. In fact, an out- of-the-court settlement is being finalised between Google and Authors' Guild, an association of American publishers as well as some other authors and publishers, who had approached US courts, alleging copyrights infringement.

India’s point of view on Google’s initiative was conveyed by commerce and industry ministry to a team of officials lead by United States Trade Representative, Ron Kirk. “The US side took on board India’s concerns,” a official privy to the development told FE on condition of anonymity.

At the root of India’s concern is the settlement worked out between Google and the Authors Guild that will be applicable to any person who has a US copyright interest. According to US laws, a book does not necessarily need to be published in the US to enjoy a US copyright interest. A book published in the US or any other country which is signatory to the Bern Convention can own a copyright under the US law.

The settlement was arrived in October 2008 - which is yet to be approved by the US court - involves payment of $ 125 million to publishers and authors whose rights were encroached upon by Google. Authors and publishers will have to register their work to receive compensation. They also have an option to opt out of the scheme.

Copyrights experts maintain that an Indian copyright owner, whose book has been scanned and put in the portal without permission can sue Google. “It is the user’s obligation to find out who is the owner of a copyright. Publishers or authors anywhere in the world owning a copyright can take legal recourse if their rights have been infringed,” said Jagdish Sagar, consultant...

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