Re: Amazon.com's "Search Inside the Book"

From: Kevin Grierson <kgrierson[_at_]wilsav.com>
Date: Mon, 03 Nov 2003 16:36:02 -0500

Actually, "fair use", although an affirmative defense, does not presume infringement. 17 USC 107 states that "the fair use of a copyrighted work . . . is not an infringement of copyright."

Nonetheless, I rather suspect that Amazon has only posted books for which it has some sort of clearance from the publisher.

kwg

Kevin W. Grierson
Willcox & Savage, P.C.
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>>> Tilyou1[_at_]aol.com 11/03/03 04:10PM >>>


->   >> The key is whether authors are getting their fair share of that

->   >> cash. In this case I think they are.

->
-> On what do you base that conclusion, Keith?

-The works aren't really available in a way that will
-diminish sales. The works are searchable and more
-likely to be seen by people looking for advice on a
-topic. The works are more likely to be bought.

You're talking "fair use" which is an AFFIRMATIVE defense that presumes there IS infringement.

Why is that?

Are you just speculating, or do you know that Amazon does not have a license to do what it is doing?

Before Amazon can make the full text searchable, it must have the full text, which probably means scanning and OCR'ing and editing printed books -- in other words, making a reproduction the Copyright Act says that Amazon doesn't have a right to make (without a license, or fair use or something else to save it).

• Charles

tilyou1[_at_]aol.com
Charles B. K.

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