Office of the Register of Copyrights,
Legal Issues in Mass Digitization: A Preliminary Analysis and Discussion Document
October 2011
This Preliminary Analysis and Discussion Document (the “Analysis”) addresses the issues raised by the intersection between copyright law and the mass digitization of books. The Copyright Office (the “Office”) has prepared this Analysis for the purpose of facilitating further discussion among the affected parties and the public – discussions that may encompass a number of possible approaches, including voluntary initiatives, legislative options, or both. …
The issues discussed in this Analysis are complex and require public discussion. The Office recognizes that the Google Books proceeding, initiated more than six years ago, and the recently filed lawsuit involving the HathiTrust Digital Library will continue to influence the public debate over mass digitization. International developments may also contribute to the debate in the United States. Although the marketplace and the issues will continue to evolve, the Office believes there is sufficient information to undertake an intense public discussion about the broader policy implications of mass book digitization. By necessity, this discussion must address the relationship between the emerging digital marketplace and the existing copyright framework.
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