Journal Article

Legal reflections on the Google Print Library Project

Joseph Savirimuthu

in Journal of Intellectual Property Law & Practice

Volume 1, issue 12, pages 801-808
Published in print November 2006 | ISSN: 1747-1532
Published online October 2006 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpl155
Legal reflections on the Google Print Library Project

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Legal context. IP lawyers need a better understanding of the implications of new technology when advising their clients on legal strategies for appropriating rents from the exploitation of intellectual property rights in the digital environment. Conversely, clients seeking to ascertain the permissible limits for accessing material on the Internet must be made aware of the critical distinction between contractual and copyright issues.

Key points. Licensing of copyright will continue to be an efficient instrument for resolving issues relating to compensation and boundaries for permissible use. A sound understanding of the digital environment will ensure that potential problems associated with the scope of the restricted acts under the Copyright, Designs and Patents Act 1988 can be avoided. Lawyers should also be aware of the possible policy developments relating to the exploitation of digital content following the deliberations in the Gowers Review. Lawyers should also re-examine the submissions in both the Grokster and Perfect 10 cases, recognizing the circumstances when copyright arguments raised in other jurisdictions may be imported into the United Kingdom.

Practical significance. The absence of any UK legal precedent with regard to the copyright issues arising from the dispute between search engine providers and copyright owners provides no excuse for failing to consider how contractual instruments may efficiently resolve issues relating to the appropriation of rents from intellectual property rights. The absence of a ‘fair dealing’ exception does not inevitably mean that, should a similar dispute as that in Google v The Author's Guild arise in the United Kingdom, a copyright infringement will have taken place.

Journal Article.  5894 words. 

Subjects: Arbitration ; Intellectual Property Law

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