Indian publishers have joined the global crusade against Google?s plans to digitise books and journals, by filing objections with a New York District Court on Thursday. As first reported by FE, the commerce ministry had taken up the issue with its US counterpart at a bilateral meeting last October.
Google Books, a portal managed by the search giant, has scanned over 7 million books and publications since 2004, leading to numerous class-action suites by authors and publishers from Germany, France and the US, who felt the initiative was illegal as it violated copyright laws. Some US publishers under the umbrella organisation Author?s Guild are now seeking an out-of-the-court settlement through a mechanism called Google Book Settlement (GBS).
As many as 15 Indian authors and publishers, together with the Indian Reprographic Rights Organisation (IRRO) and Federation of Indian Publishers (FIP), have filed objections against the GBS. They include publishing houses Pustak Mahal, Star Publications, Abhinav Publications and Daya Publication House.
?The case has far-reaching implications. The settlement, if allowed to go through, will turn the concept of copyright on its head. The global concept of copyright, which took 150 years to evolve, will be diluted in the name of innovation,? said Siddharth Arya, legal counsel for IRRO.
The proposed settlement will be binding on all authors and publishers, which set off alarm bells in other nations. It would also impact Indian publishing houses as, according to US laws, a book does not necessarily need to be published in the US to enjoy US copyright interest. A book published in the US or any other country that is signatory to the Bern Convention?India is a signatory?can own copyright under US law. GBS is applicable to books registered with the US Copyright Office or published in the UK, Canada or Australia.
The matter will come up for hearing at the New York court on February 18. The US government is schedule to submit its opinion on the settlement on February 4.
The Rs 1,500-crore domestic publishing industry is concerned about the Google Book initiative. ?This is an illegal activity and violates Indian and international copyright laws. Before scanning publications, permission from the publisher or the author is a must. Who gave Google Books the right to scan publications without permission,? asked a miffed Shakti Malik, general secretary, FIP.
Other international publishers that have sued Google Books include French publishing groups ?ditions de La Martini?re and ?ditions du Seuil. German chancellor Angela Merkel has also voiced her concern about Google Books? digitisation initiative.
Another aspect of the GBS that has irked publishers worldwide is a mechanism called ?opt out?. This means that if a publisher or an author whose work has been scanned does not object, it is deemed consent to the GBS.
The commerce ministry told a US delegation, led by chief trade negotiator Ron Kirk, that India is a vast country with numerous publishers and authors, who may be party to the settlement without their knowledge, which is a violation of principles like natural justice.