[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
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
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