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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
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Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
JIPR Vol.16(6) [November 2011] >
| Title: | Rebirth of Opt-in System in Copyright: Analysis in the Light of ‘Google Books’ Controversy |
| Authors: | Ahmad, Tabrez
Choudhury, Pratik Priyadarshi |
| Keywords: | Opt-in
Opt-out
Google
Takedown
Copyright |
| Issue Date: | Nov-2011 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | The recent copyright controversy, the Google
Books litigation, has revived interest in the role that opt-in requirements can
play in copyright law. Google Books sought to make every book in the English
language text-searchable. To realize this goal, however, Google intended to
scan the text of each such book – thereby making a copy – the right to which
was vested in different persons around the world. This number of persons
amounted to millions and gaining access to all was an onerous task. So, when
the company failed to get permission from all the copyright owners, it gave two
options to the authors either to opt-out of the copyright or agree to it by as
per the result of a class action litigation. In both these circumstances, the
user of the copyright had the right to exploit, without authorization, unless
the copyright holder took affirmative action. It is the essence of opt-in
system in copyright which reared its head once more along with this
controversy. This paper critically examines the protection regime in copyright
law and the philosophy of protection given to any author over his/her original
creation in the light of the above mentioned controversy bearing a potential
impact over the fair use doctrine in copyright law. In the present context of
highly digitalized society, the dilemma is whether an opt-out system is the
need of the hour or the opt-in system should regain its place. |
| Page(s): | 500-508 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.16(6) [November 2011]
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