Google’s Book Deal

[Commentary] Google’s ambitious proposal to scan, index and make available every book ever written promised a cultural revolution. Yet for all its promise, Judge Denny Chin of the United States District Court in Manhattan was right to strike down the plan last week, ruling that a settlement with the Authors Guild and publishers that would allow Google to put millions of books online without the explicit consent of their authors “would simply go too far.”

Google, like anybody else, is entitled to scan and post books that are in the public domain. As for new books, most publishers cut deals for Google to provide access to portions of their new titles and give readers an option to buy a digital copy. The settlement, signed in 2005 and revised in 2008, covered books in the middle, those out of print but still protected by copyright. Congress, meanwhile, can resolve the problem of orphan books. In 2008, it almost passed a bill that would allow anybody to digitize orphan works without fear of being sued for copyright infringement as long as they proved that they had tried to find the rights’ holder. This would give all comers similar legal protection to that which Google got in its agreement. Congress should approve this legislation. While it’s at it, it should consider promoting a nonprofit digital library, perhaps seeded with public dollars. The idea of a universal library available to all is too good to let go.