The Google Book Search Project, whereby Google has created a virtual repository of online books by scanning them has been in the news recently for copyright violations. Class actions have been filed against Google in US, China and even Germany and France. The digital library initiative, though making it convenient for the Internet users to access books online, has created a difficulty in violating the copyright of the authors. Mostly, the books are reproduced without the licence of the authors, who have been up in arms against the project.

The ambit of Fair Use exception being wide in the US, the Author’s Guild had arrived at a settlement with Google called the Google Books Settlement (GBS) 2.0 , applicable to any person having a US Copyright interest, under the terms of which, the authors could licence their works for online reproduction or specifically “opt out” of the settlement, in which case, they shall not be paid the royalty. The current scope of GBS2.0, Arya says, covers books that are either registered with the US Copyright Office or published in the UK, Canada and Australia.

The Indian stakeholders have also been raising this issue with the government, whereupon, the Indian representatives met the United States Trade Representative (USTR) to take on board copyright violations of Indian authors. The Indian Copyright Act 1957 under Section 52 allows flexibility of fair use, where the use of books for educational purposes is exempt from copyright exemption. In the present case, however, the usage of the material placed online is far and wide, involves commercial element and requires express authorisation. The concern was more so in India, because of large vernacular publications ion the country, that may be uploaded without authors’ knowledge.

Recently, the Indian Reprographic Rights Organisation (IRRO) and Federation of Indian Publishers (FIP) filed their objections with a New York court against GBS for illegal copying of literary works and secret negotiations by a few US-based publishers on behalf of thousands of authors and publishers worldwide. In the US, the campaign against GBS 2.0 is being led by the Open Book Alliance, members of which include the American Society of Journalists and Authors, the National Writers Union, the New York Library Association and the US Council of Literary Magazines and Presses. Though the GBS 2.0 was reported to be modified after objections from France and Germany, the changes that have come about are cosmetic, without affecting the major provisions, upon which the Indian authors have objections.

It is argued by IRRO and FIP that since the settlement has been arrived at without the notice to affected parties; it is against the fundamental principles of natural justice and fairness. It is the exclusive right of the copyright holder to allow reproduction of his/her works, which has been taken up by the US publishers without authorization.

IRRO is likely to sue Google in Indian courts, and if so, the odds of IRRO being victorious Google are higher, since the ambit of Fair Use protection in India under Section 52 is narrower.