The access of electronic books by
library users has increased among university students (Shelburne 2009). This
circumstance encourages libraries to provide the digital collections. As the
result, libraries digitized their book collections on a massive scale.Many
libraries cooperate with commercial organizations in the digitizing book
project, due to a lack of budget (Nielsen 2008). However, in the view of some
experts, the project infringes the copyright law as these commercial partners
use the digitizing books for commercial purpose. This essay will first describe
the trend toward mass digitization and then identify problems due to effect of
mass digitization on the right holders’ protection, particularly the copyright
of orphan books. It the put forward arguments that government should protect the
copyright holders of orphan books due to mass digitization.
On one hand, the digitizing books give
advantages for libraries and its users. One of the advantages is that these books
make accessing information easier. Digitized books have a compatibility with
modern devices, such as smartphones and tablets. As the result, they can be
accessed wherever and whenever by users. In addition, digitizing books have an
added value, compared with printed books. The reason for this is that these
books provide audio visual features, such as audio books, downloadable text and
audio, electronic braille, so the disabled have an opportunity to access
information (Myhill 2002). Furthermore, another benefit of digitizing books is
to provide an opportunity for libraries to preserve information more
economically and effectively. The digitizing books would need a less storage
spaces as libraries deposit these books on the computer server. Compared with a
conventional storage, computer servers might deposit millions of digitizing
books in on square meter and this might prevent digitizing books from damage by
insectsor natural disasters. This leads to reduction in the expenditure of book
maintenance. Thus, most libraries digitize their printed book collections to
improve accessibility to information in books and to preserve their
collections.
On the
other hand, the mass digitization project caused problem of copyright
infringement by threatening right holders. This problem was caused by
cooperation among public libraries and commercial organizations. In fact, the
first project of mass digitization, which involved a commercial institution,
was called the Google 5 projects and five of the largest libraries, namely
Harvard University, University of Michigan, New York Public Library, Stanford
University and Oxford University were involved. This project became concern
among scientists and practitioners of Library and Information sciences due to
effect mass digitization on copyright law. According to Hanh (2006), the
project digitization of books began in 2004 and this project succeeds to digitize
approximately 15 million of books. In
this project, Google, which was a commercial partner, would give one copy of
digitizing books to these libraries. Meanwhile, Google also would redistribute
these books through the company website. The site would provide snippets, which
displayed only three lines, for digitizing books, so these features would make retrieval
information on digitizing books easier for users.The increasing number of
users, who were access digitized books, encouraged Google to obtain financial
benefit. Thus,the Google 5 earns money from advertisements and subscriptions. However, the Google 5 project was sued by
Author Guild America and Association of America Publisher. These plaintiffs
point out that those authors had a privilege on derivative advantages, which
included electronic rights from their books. Although they had privilege, they
would have lost their financial gain because the Google 5 did not ask
permission to use their books.
Another problem of mass
digitization was orphan books licensing. A preliminary study of United States of
Copyright Department indicates that orphan books licensing would become
obstacle for mass digitization. According to Office (2006), orphan book can be
defined a book which required permission from copyright holders, but the right
holders cannot be located or found by the parties who wishes to use this book.
The obstacle of orphan books came from extending the length of copyright
holders from 20 years to 70 years from the author death, so parties who want to
get author permission cannot get licensing to redistribute orphan books because
the difficulty of getting license of orphan books is to find the right holders,
who might be die but the their copyright have not already expired. In addition,
the number of orphan books increased year by year due to copyright holders’
extension. According to Clair (2006), the extension implied on increasing
number of orphan books with around 90 per cent of books published from 1923 to
1950. Furthermore, the cost of re-licensing orphan books was expensive. The
expenditure to re-locate original author of orphan books and to register these
books were included into re-licensing cost.
Turning to the question of
why government should protect the copyright
holders of orphan books due to mass digitization. There are two reasons to
answer this question. The first reason is the right holders of orphan books contribute
to enlighten societies by disseminating knowledge through their books. The
second reason is the more challenging issue on the orphan books protection
because the right holder would meet the books piracy due to mass digitization. The books piracy is concerned by some experts.
According to Kevles (2013), the advantages of mass digitization project for
equality accessing information cannot be a justification to occupy the
copyright of orphan books illegally. The difficulties to find the right holders
of orphan books is not a justification for use their books without their permission.
Although the right holdersmight bedie , they still deserves to receive the
copyright protection for their books.
In conclusion, this essay has described
the trend of mass digitization cope with the problem and its solution. It
cannot be denied that mass digitization gives advantages for societies. The
project of mass digitization provides indexing of digitize books, so societies
can use these books for education and research purpose. However, the mass
digitization caused problem for threatening right holders.This situation might
be happen since the Google 5 project tends to earn money from advertisement and
subscription, while the project did not ask permission to right holders, whose books were digitized by
Google. Another problem of mass digitization is orphan books licensing. The
extension of license books published from 1923 to 1950 made obstacle for the
project to get permission. To cope with these problems, it is suggested thatgovernment should protect the copyright holders of orphan
books because the right holders of orphan books have a contribution to
enlighten societies and they have met a weak position to against books piracy
due to mass digitization.
REFERENCES
Clair, G.S (2006). Mass Digitization
Projects: Celebration and Challenges: 3. Retrieved from
www.ulib.org/conference/2006/4.pdf
Kevles,
B. (2013). Will Google Books Library Project End Copyright ?. AAL Spectrum May:
36. Retrieved from http://www.aalnet.org/
Offices. (2006).
Report on Orphan Works: A Report of Register of Copyright: 15. Retrieved from
http://www.copyright.gov
Shelburne, W. A. (2009). "E-book usage in an academic
library: User attitudes and behaviors." Library Collections, Acquisitions,
and Technical Services 33(2-3):
59-72.
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