I agree with Michael's points about fair use and the noble purpose of Google's project, but he does not explain the problems of the settlement with orphan works and other works for which Google and the other parties to the settlement do not have legal rights now. Orphan works are the majority of works in libraries that are out of print but possibly under copyright, yet it is impractical to determine these rights so they can be put online. The settlement puts Google and the big publishers in a unique position to be excused from legal penalty if these rights holders show up later. Combined with exclusive arrangements with libraries, then Google has monopoly power. But such a balancing of rights should not be up to Judge Chin, it should be Congress. The public should be represented here, so that copyright is returned to its purpose of protecting for a limited, short period of time works so that authors are encouraged to publish new works. The default should be that works go into the public domain unless copyright owners register continuing claims to rights after this short period. Now the default, reinforced by the settlement, is the opposite, which locks up works perpetually and prevents them from being parts of our common public culture when it is possible for them to be put online easily. The settlement should be rejected as it is purely a money arrangement that unduly interferes with copyright law as to fair use and orphan works, and should be a matter for Congress not the courts or a private settlement. I am all in favor of book scanning projects, but not this settlement.
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Re: Orphan Works
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