영국에 있어 구글 도서검색서비스에 대한 논의
Discussion on Google Book Search Service in UK
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초록
Google Inc. has provided its publishers with Google Book Search Publisher Program and offered its users Google Book Search Library Project. Google Book Search Publisher Program will not create many copyright issues because it has been related to copyright license between the Google Inc. and its publishers. However, the Google Book Search Library Project is expected to cause some copyright infringement issues. This Article discusses whether the Google Book Search Library Project infringe the copyright on the books sought by its search service in UK. In particular, the Article deals with the Project falls within the fair dealings in UK copyright law. Articles 29 and 30 of Copyright, Designs and Patents Act 1988 in the UK prescribe the fair dealings. According to those provisions, the fair dealings are allowed only for the purpose of research or private study, criticism or review, or current event reporting. However, the Article concludes that it is hard to say that the Project falls within the fair dealing in accordance with articles 29 and 30 of Copyright, Designs and Patents Act 1988 in the UK.
Abstract
Google Inc. has provided its publishers with Google Book Search Publisher Program and offered its users Google Book Search Library Project. Google Book Search Publisher Program will not create many copyright issues because it has been related to copyright license between the Google Inc. and its publishers. However, the Google Book Search Library Project is expected to cause some copyright infringement issues. This Article discusses whether the Google Book Search Library Project infringe the copyright on the books sought by its search service in UK. In particular, the Article deals with the Project falls within the fair dealings in UK copyright law. Articles 29 and 30 of Copyright, Designs and Patents Act 1988 in the UK prescribe the fair dealings. According to those provisions, the fair dealings are allowed only for the purpose of research or private study, criticism or review, or current event reporting. However, the Article concludes that it is hard to say that the Project falls within the fair dealing in accordance with articles 29 and 30 of Copyright, Designs and Patents Act 1988 in the UK.
참고문헌 (15)
- "Google Checks out Library Books" (2004)[URL]
- "Oxford University-Google Digitization Programme: FAQs"[URL]
- "Oxford-Google Digitisation Agreement"[URL]
- "Anatomy of Aggregate Collections: The Example of Google Print for Libraries" (2005)[URL]
- C. Craig, "Fair Dealing and the Purposes of Copyright Protection", pp.2000
- "Copinger and Skone James on Copyright, § 9-19 15th ed" (2005), Sweet & Maxwell
- "Google Book Search: Fair Use, Fair Dealing and the Case for Intermediary Copying", J. Internet L., 10(5), pp.1~ (2006)
- H Laddie, "The Modern Law of Copyright and Designs 3rd ed" (2000)
- Joseph B. Baker, "Note, Contracting to Supplement Fair Use Doctrine", U. Mem. L. Rev., 39, pp.757~ (2009)
- L. Bently, "Intellectual Property Law. 2nd ed.", pp.193~ (2004)
- Lee Ann W. Lockridge, "The Myth of Copyright's Fair Use Doctrine as a Protector of Free Speech", Santa Clara Computer & High Tech. L.J., 31, pp.94~95 (2007)
- Paul Ganley, "Digital Copyright and the New Creative Dynamics", International Journal of Law and Information Technology, 12, pp.282~ (2004)
- "Verdict causes stir for broadcasters", The Lawyer, 22, pp.22~ (1999)