[Most interesting tidbit in this article: 80% of books still under 
copyright are orphans--they are no longer in print or the rights holder 
cannot be located. Wow! That is a much higher percentage than I had 
imagined.]

MARCH 11, 2010

In Europe, Book-Scanning Efforts Feel Their Way Into New Territory

By MAX COLCHESTER And CHRISTOPHER EMSDEN
Wall Street Journal

http://online.wsj.com/article/SB10001424052748704541304575099943467728882.html?mod=WSJ_hp_editorsPicks




While a legal settlement for Google Inc. to distribute millions of books 
online in the U.S. remains in limbo, book digitizing is moving ahead in 
different places in Europe under several experimental programs.

On Wednesday, Google announced that it will scan ancient Italian texts 
ranging from Galileo Galilei to herbal medicine manuals as part of the 
Internet company's first publishing partnership with a national 
government. The deal involves digitizing up to one million books held in 
the national libraries in Rome and Florence.

Google has similar arrangements for out-of-copyright books with Oxford 
University, Madrid's Complutense University and the Bavarian state 
museum, but Wednesday marked a "groundbreaking" deal with a national 
government, according to Nikesh Arora, Google's president of global 
sales operations and business development.

Meanwhile, in Norway, the national library last year signed a deal with 
a group representing all of the Scandinavian country's publishers and 
authors to put 50,000 copyrighted books online that can be read for 
free. The scanned books can be read only on computers screens in Norway 
and cannot be downloaded or printed out.

Norway's pilot project, called Bookshelf, could eventually lead Norway 
to make all of the two million books in its national library available 
online. The project is being studied by other libraries across Europe, 
including the British National Library.

For years, Europe's public libraries have wrestled with publishers over 
how to digitize book collections so readers could access books online 
without infringing on copyright laws. At the same time, European 
publishers, like their U.S. counterparts, have been trying to figure out 
ways to make money from online books, in particular those that are out 
of print.

Norway's project tries to bring the two sides together to speed up the 
process. Key to the effort was a change in Norwegian copyright law 
allowing Norwegian authors and publishers to negotiate the online 
reproduction of their printed works stored in libraries, museums and 
national archives as a group, rather than individually. Before the 
change, the biggest impediment to digitizing huge collections of books 
was that it took years for the National Library to sign individual 
copyright deals for online publications with myriad publishing houses.

Book digitalization efforts in the U.S. have generally followed a 
different path. In the U.S, Google has sought to create a giant online 
library by scanning books en masse and then publishing extracts, or 
snippets, online. These snippets are published under the principle of 
"fair use," a body of laws that allows reproduction of a particular work 
under certain limited circumstances, for example for educational 
purposes or literary criticism.

Once a work is online, the copyright holder may request to be paid or 
have the work removed from Google's Web site.

Norway's solution has been to create one organization that represents 
all the publishers and authors across the country. In Norway, this 
umbrella organization that participated in the pilot project is called 
Kopinor and it includes 22 authors' and publishers' associations. About 
25,000 of the country's publishers and authors—the vast majority— have 
agreed to be represented by Kopinor.

Any deal Kopinor signs automatically applies to all of Norway's 
publishers and authors, whether they are members of Kopinor or not. If 
an author subsequently objects to a book being put online, he or she is 
allowed to remove the books.

The Bookshelf project, which will last until 2011, will cost around 
$900,000 a year in licensing fees alone. Norway will foot the bill.

Some Norwegian publishers worry that the licensing deal could hurt their 
own efforts at digitizing books through private collections that readers 
pay to read online. They also worry it could hurt their shop sales. 
"This is not a future business model for publishers," says Per Christian 
Opsahl, the chief executive officer of the Norwegian Publishers 
Association. "The sums involved are small and the payback should be larger."

Arne Magnus, director of Aschehoug & Co, one of Norway's oldest 
publishing houses, calls the project "an interesting alternative to 
Google" but says he probably won't ever allow all of his books to be put 
online, just older ones that are no longer available in book shops.

So far, 80 authors have asked Kopinor to remove their books from the 
National Library's online database. The library pays Kopinor an annual 
fee equivalent to nine U.S. cents per page made available on its Web 
site. Kopinor then distributes the money to the publishers and authors.

Yngve Slettholm, the executive director of Kopinor, says the deal is a 
boon for publishers. "The vast majority of books are out of print and 
can be considered commercially dead," he says. "This creates an extra 
source of revenue for older books."

For the Italian project, Google will assume the costs of the effort and 
will perform the scanning work in Italy. It currently costs 30 European 
cents a page to digitize books, says Antonia Ida Fontana, director of 
the National Library in Florence, but Mr. Arora says the cost would be 
considerably less due to Google's scanning technology.

The European Commission is trying to resolve the issue of publishing 
books online that are still protected by copyright, but have gone out of 
print, or their owners cannot be identified. Such orphan works, as the 
books are known, amount to about 80% of all books still in copyright.

The commission, which has its own online book publishing project called 
Europeana, hopes quick action on copyright rules will give Europe an 
edge over the U.S. solution where Google is negotiating a copyright 
settlement directly with publishers.

Google has around 12 million books scanned in its library venture, of 
which two million are in the public domain and free from copyright 
strictures. Of the latter, about 35% of the books are consulted each 
month, Mr. Arora says. Of the copyright-protected books, which Google 
has digitized in partnerships with some 30,000 publishers around the 
world, the consultation rate is around 80%, he says.

-- 
================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
Mail: antunes at uh dot edu

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