The two lawsuits filed against Google over its library scanning project has not deterred the company from launching two new Book Search initiatives, both of which have strengthened publishers' resolve to protect the copyright of its materials.
The most recent program, announced last Wednesday, allows Google users to print out copies of public domain titles that are part of the Book Search service. Until now, users could only view public domain works on their screens. The new option allows users to download PDF files to their computers, where they can be stored for searching or printing. While the option lets the public print out obscure titles, it also allows for the free downloading of classic works, many of which are sold by publishers.
Google's Adam Smith said it added the printing option because the company heard from users about the need to be able to print out entire titles with one click rather than page by page. Smith doesn't believe the new program will cut into sales of classics. "Publishers have carved out a good business by adding scholarship to classic works. I don't think this changes that business," he said.
That view was supported by Bill Nasshan, senior v-p of merchandising of adult trade at Borders. "The classics buyer runs the gamut from students to collectors to people that just want to get familiar again with classic literature," Nasshan said. "There are plenty of people that will continue to prefer a bound hardcover, trade paper or mass market edition because of the experience and portability of each format." Still, Google's ability to broaden its book offerings has publishers wondering about the company's overall intentions. "There is nothing wrong about what they are doing in the public domain," said the head of a large trade house. "But their capability and willingness to extend into new areas reinforces why there needs to be a clear definition about what is covered by copyright."
The second Google initiative being widely discussed in publishing circles is its deal with the University of California that adds the millions of titles from that university's library collection—including copyrighted works—to the library scanning project. Parties associated with the publisher and author lawsuits against Google found it perplexing that, at the beginning of a major legal battle, Google would commit to a deal whose basic premise is being challenged in court. That Google would do such a deal while in litigation "shows these rights are clearly valuable," one industry member said.
Other members were annoyed about the University of California's decision to participate in the scanning program. One publishing lawyer saw UC's action as a way "to push the envelope to see what is permissible use of copyrighted works"—and as further justification that the lawsuits are dealing with important issues that will affect the future of publishing.
