Non-Display Uses of Copyright Works: Google Books and Beyond

Queen Mary Journal of Intellectual Property, Vol. 1, No. 1, April 2011

32 Pages Posted: 24 Nov 2013 Last revised: 23 Jun 2015

See all articles by Maurizio Borghi

Maurizio Borghi

Bournemouth University - Centre for Intellectual Property Policy & Management (CIPPM)

Stavroula Karapapa

University of Reading; Centre for Commercial Law and Financial Regulation

Date Written: April 1, 2011

Abstract

With the advent of mass digitization projects, such as the Google Book Search, a peculiar shift has occurred in the way that copyright works are dealt with. Contrary to what has so far been the case, works are turned into machine-readable data to be automatically processed for various purposes without the expression of works being displayed to the public. In the Google Book Settlement Agreement, this new kind of usage is referred to as ‘non-display uses’ of digital works. The legitimacy of these uses has not yet been tested by Courts and does not comfortably fit in the current copyright doctrine, plainly because the works are not used as works but as something else, namely as data. Since non-display uses may prove to be a very lucrative market in the near future, with the potential to affect the way people use copyright works, we examine non-display uses under the prism of copyright principles to determine the boundaries of their legitimacy. Through this examination, we provide a categorization of the activities carried out under the heading of 'non-display uses,’ we examine their lawfulness under the current copyright doctrine and approach the phenomenon from the spectrum of data protection law that could apply, by analogy, to the use of copyright works as processable data.

Keywords: digital copyright, mass digitization, digital libraries, non-display uses, text mining, data analytics, Google Books Settlement Agreement, transformative uses, data processing

Suggested Citation

Borghi, Maurizio and Karapapa, Stavroula, Non-Display Uses of Copyright Works: Google Books and Beyond (April 1, 2011). Queen Mary Journal of Intellectual Property, Vol. 1, No. 1, April 2011. Available at SSRN: https://ssrn.com/abstract=2358912 or http://dx.doi.org/10.2139/ssrn.2358912

Maurizio Borghi (Contact Author)

Bournemouth University - Centre for Intellectual Property Policy & Management (CIPPM) ( email )

89 Holdenhurst Road
Bournemouth
Dorset, BH8 8EB
United Kingdom

HOME PAGE: http://www.cippm.org.uk

Stavroula Karapapa

University of Reading ( email )

Whiteknights
Reading, Berkshire RG6 6AH
United Kingdom

HOME PAGE: http://www.reading.ac.uk/law/about/staff/s-karapapa.aspx

Centre for Commercial Law and Financial Regulation ( email )

Whiteknights
Reading, RG6 7BA
United Kingdom

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