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10 years for Google Books and Europeana: copyright law lessons that the EU could learn from the USA

10 years for Google Books and Europeana: copyright law lessons that the EU could learn from the USA AbstractMass digitization projects that have been carried out by libraries and their commercial partners across the Atlantic, such as Google Books and Europeana, are celebrating their 10th birthdays. This article analyses what legal challenges they pose to the copyright law systems, and how the US and EU jurisdictions have responded to them. In particular, the article identifies certain elements in the US copyright law system that played an important role in encouraging the creation of innovative and value-added services in the library sector. These elements include the transformative use doctrine, the restrictive interpretation of the market harm criterion and the openness towards commercial reuse of works. It is then discussed whether, and how, these elements could be better integrated in the EU copyright law system in order to foster the European library and information technology sector. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal of Law and Information Technology Oxford University Press

10 years for Google Books and Europeana: copyright law lessons that the EU could learn from the USA

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Publisher
Oxford University Press
Copyright
© The Author (2016). Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com.
ISSN
0967-0769
eISSN
1464-3693
DOI
10.1093/ijlit/eav018
Publisher site
See Article on Publisher Site

Abstract

AbstractMass digitization projects that have been carried out by libraries and their commercial partners across the Atlantic, such as Google Books and Europeana, are celebrating their 10th birthdays. This article analyses what legal challenges they pose to the copyright law systems, and how the US and EU jurisdictions have responded to them. In particular, the article identifies certain elements in the US copyright law system that played an important role in encouraging the creation of innovative and value-added services in the library sector. These elements include the transformative use doctrine, the restrictive interpretation of the market harm criterion and the openness towards commercial reuse of works. It is then discussed whether, and how, these elements could be better integrated in the EU copyright law system in order to foster the European library and information technology sector.

Journal

International Journal of Law and Information TechnologyOxford University Press

Published: Mar 1, 2016

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