IT and Copyright: Analysis of mass digitization of books released in the USA

On October 31 2011 the US Copyright Office at the Library of Congress released A Preliminary Analysis and Discussion Document – Legal Issues in Mass Digitization. This way the US agency reacted to the rejection of the US Google Settlement signed between Google and the Authors Guild and the Association of American Publishers concerning Google Books project (March 22 2011) and the recently filed lawsuits involving HathiTrust Digital Library and American authors and publishers (filed on September 12 and on October 6 2011).

The document reads: “Large scale scanning and dissemination of entire books is difficult to square with fair use”.

The report on the mass digitization of books was issued to facilitate further discussions among the affected parties and the public, encompassing various possible approaches, including voluntary initiatives, legislative options, or both. In addition the document identifies questions to consider in determining an appropriate policy for the mass digitization of books.

Of particular interest are the appendices of the analysis which consolidate information on who is involved in digitization process, where and how does it happen, who opens access and ensures copyright observance during digitization.