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Vol 13 No 2 - June 2008

When copyright and chutzpah collide: the Google Library project and fair use
Hilary May Black and Brent Salter

Copyright law is directed at the creation and broader dissemination of certain kinds of knowledge and information in society. But are copyright owners holding up their end of the bargain when they fail to fully exploit their intellectual property to optimise access for potential users? Google Library, an audacious plan by internet search engine conglomerate Google, Inc., (Google) promises to make the content of the great libraries of the world fully searchable by users; a goal lauded by many. This paper explores whether Google’s initiative and investment in this project, despite its apparent appropriation of some of the exclusive rights accorded to copyright owners might not, in fact, entitle it to some of the rewards as a legitimate ‘fair use’ under U.S and Australian copyright law.

Full text versions of articles are available from LexisNexis online.

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