[LMB] OT: Google books and research, was (is) Fair use

M. Haller Yamada thefabmadamem at yahoo.com
Thu Mar 17 00:14:08 GMT 2016



----- Original Message -----
From: Katherine Collett 
On Mar 15, 2016, at 9:16 PM, M. Haller Yamada <thefabmadamem at yahoo.com> wrote:

> 
> Micki: Let me clarify. I'm not defending stealing. I'm defending the fair use for educational purposes clause. 
> 
> When used for educational purposes, the most important thing is not the work 
> itself, but rather the analysis of the work and how it applies to other works 
> (including student works). That's not only educational, it's transformative. 


Katherine provides some good links: 

Yes, if a work is being used in a transformative way -- in another work of art, or as a parody, for instance -- OR for educational purposes, with limitations -- using it is not copyright infringement.  See also some of the blog entries by copyright lawyer Kevin Smith: http://blogs.library.duke.edu/scholcomm/category/fair-use/ and especially https://scholarworks.duke.edu/copyright-advice/copyright-faq/copyright-exceptions-for-teaching/.  I heard him give a talk about copyright that was very interesting -- he says people (and especially colleges) tend to limit themselves too much in an effort to avoid being sued; legally fair use should allow more than some of the guidelines about it say.  


Micki replies: Thank you so much for these links, Katherine. The second one is 
very informative. As a writer, I often find myself browsing snippets of Google 
Books during my research. Now, I would never make the Black Ferret mistake and 
steal paragraphs (I'd credit them, if I ever was tempted to do that). But I'm so 
grateful for the opportunity to catch these bits of flavor that add life to my 
own work. 

The second link brings up this: what harm is there to the authors? (Two courts 
decided none, according to the blog). I'm led to ask: what benefits to innovation 
and creation are there?

I would also add, that when a particular book is very informative, I buy it if 
it's available. I want my own copy that I can browse in case of an internet 
shutdown. I would have never heard of some of these books without Google Books. 
So, I could argue that Google Books has been a benefit to some authors and 
writers. 

Micki


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