1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
IP ISSUES IN DIGITAL LIBRARIES
BY
SUCHITRA BAI
ALTACIT GLOBAL

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
MEANING OF DIGITAL
LIBRARY
• The term “Digital Library” was coined
because of the Internet and refers to an
evolved new form of a library that could
cover a wide range of information services.
• Digital Library is either referred as ‘library
that contains material in digitized form,’ or
a ‘library that contains digital material’.
There were other definitions such as
‘library without walls’ or ‘library without
books’.

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PURPOSE OF DIGITAL LIBRARY
• To collect, store and organize information and knowledge in
digital form.
• Transforming printed information into digital form.
• Storage, retrieval and handling of ‘easy-to-use’ electronic
information.
• Converting data from diverse media or formats into digital
format.
• Classification techniques for improving retrieval efficiency.
• To promote economic and efficient delivery of information.
• To leverage the considerable investments in
computing/communications infrastructure.
• Editing and formatting of contents in formats such as HTML,
VRML, PDF, JPEG, MPEG, etc.
• Browsing and querying facilities for content based retrieval.

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
COPYRIGHT LAW
• Copyright is a set of legal rights that
an author has over his/her work for a
limited period of time. Copyright
covers everything from using images
or sound files from the web to
photocopying.

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
RIGHTS RECOGNIZED
UNDER COPYRIGHT LAW
• Reproduce (copy)
• Distribute copies
• Prepare derivative works
• Perform publicly
• Display publicly

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PUBLIC DOMAIN
A public domain work is a creative work
that is not protected by copyright and
which may be freely used by everyone.
The reasons that the work is not
protected include:
(1) the term of copyright for the work has
expired and
(2) the author failed to satisfy statutory
formalities to perfect the copyright.

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DIGITIZATION BY OR FOR
LIBRARIES
• Libraries have the right to distribute
works acquired digitally pursuant to
contracts, and to create but not to
distribute digital archival and
replacement copies.

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DOCTRINE OF FAIR USE
• Fair use is a limitation and exception to the
exclusive right granted by copyright law to
the author of a creative work. In United States
copyright law, fair use is a doctrine that
permits limited use of copyrighted material
without acquiring permission from the rights
holders. Examples of fair use include
commentary, search engines, criticism,
parody, news reporting, research, teaching,
library archiving and scholarship.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
FACTORS DETERMINE THE
DOCTRINE OF FAIR USE
The four factors that determine fair use are as follows:
1. The purpose and character of the use: (a)
Transformative, (b) Non profit Educational.
2. The nature of the copyrighted work: (a) Published,
(b) Fiction, (c) Non-Fiction, (d) In-print, and (e) Out-
print.
3. The portion of the work used: (a) Not essential and
(b) Relatively small.
4. The effect of the use on the potential market: (a)
Won't prevent the owner from using business.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
DOCTRINE OF FIRST SALE
Section 109 of the US Copyright law permits the
owner of a lawfully made copy to dispose of it by
lending or any other means. This is called the First
Sale Doctrine because it permits copyright owners to
control only the first sale of a work.
After that first sale, copyright owners are out of the
loop when it comes to earning a share of any
revenues that result from passing the book or
periodical on to others. This is the basic legal
foundation of the public library system.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
LICENSED AND UNLICENSED
WORKS
• Digital works mostly are licensed and does not in
practice pose a problem in many cases. Works which
are licensed provides permission to distribute such
works. For example,
a. permit limited access (ie, only registered students,
faculty and staff; or only from a particular machine
or machines; or only in a particular place; or only
from a particular domain name or names);
b. not allow the library to keep a copy of the works
when the license is terminated or expires;
c. attempt to limit users' copies and transmissions of
the works;

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
AUTHORS GUILD INC
V.
GOOGLE INC CASE
FACTS:
• Plaintiff 1: Jim Bouton, is the legal or beneficial owner
of the U.S.COPYRIGHT in the book ‘Ball Four’.
• Plaintiff 2: Betty Miles is the legal or beneficial owner
of the U.S. copyright in the book ‘The Trouble with
Thirteen’
• Plaintiff 3: Joseph Goulden is the legal or beneficial
owner of the U.S. copyright in the book ‘The
Superlawyers: The Small and Powerful World of the
Great Washington Law Firms’.
• All the above books was scanned by Google and are
available or search on Google's website, without
plaintiffs' permission.

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTD…
• In 2004, Google announced two digital books
programs.
• The first, initially called "Google Print" and later
renamed the "Partner Program," involved the
"hosting" and display of material provided by
book publishers or other rights holders. The
second became known as the "Library Project,"
and over time it involved the digital scanning of
books in the collections of the New York Public
Library, the Library of Congress, and a number of
university libraries.

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTD…
• Plaintiff The Authors Guild, Inc., is the
nation's largest organization of published
authors and it advocates for and supports the
copyright and contractual interests of
published writers.
• Google Inc. owns and operates the largest
Internet search engine in the world. Each day,
millions of people use Google's search engine
free of charge; commercial and other entities
pay to display ads on Google's websites and
on other websites that contain Google ads.

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
HISTORY OF THE CASE
• Plaintiffs commenced this action on September
20, 2005, alleging, that Google committed
copyright infringement by scanning
copyrighted books and making them available
for search without the permission of the
copyright holders.
• Google has defended the principal of Fair Use
under § 107 of the U.S. Copyright Act.
because they were only showing "snippets" for
books where they did not have permission
from a rights holder.

16. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THE BENEFITS OF THE
AND GOOGLE BOOKS
• Google Books provides a new and efficient
way for readers and researchers to find books.
• Google Books greatly promotes a type of
research referred to as "data mining" or "text
mining."
• Google Books expands access to books.
• Google Books helps to preserve books and
give them new life.
• Google Books helps readers and researchers
identify books, benefits authors and
publishers.

17. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CASE DISMISSAL
• On November 14, 2013 the case,
Authors Guild Inc. et al. v. Google
Inc. was dismissed by U.S. Circuit
Judge Denny Chin in Manhattan
paving victory for Google and
granting them the right to expand their
digital library.

18. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CASE RULING
Justice Chin ruled that showing
excerpts of books in search results
falls under fair use, and that Books
"advances the progress of the arts and
sciences, while maintaining respectful
consideration for the rights of authors
and other creative individuals."

19. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
THANK YOU