Legal Question in Intellectual Property in California

With regard to Amazon's "Search Inside The Book" program and the "Google Books Preview Program":

What specific permissions must a self-published author have been granted in order to legally permit Amazon and Google to include their title in these programs, if that title includes content (such as brief quotations) to which others hold the copyright? (For example, must that author have been granted the right to grant customary permissions requests?)

Likewise, how should inclusion in these programs be considered when evaluating one's fair-use arguments? (For example, would this use be seen as a form of advertisement, thus weakening the argument for fair use?)

Any information at all that you can offer to point me in the right direction would be greatly appreciated.


Asked on 4/10/13, 1:22 pm

1 Answer from Attorneys
Jim Betinol Withrow and Betinol Law

I understand that Amazon's Search Inside Book Program is available to the authors and publisher that specific provide permission to Amazon for allow such a function. Membership to Amazon's program can be found here - http://www.amazon.com/gp/feature.html?docId=1001119971

Google's Preview Program is likewise subject to a similar registration process which can be found here:

http://support.google.com/books/partner/answer/106167?hl=en

As to what rights are granted to a self-published author in order to participate in this program? this will depend on the agreement between you and Amazon or Google. I would recommend that you review the standard agreement as it relates to the program above.

Lastly, with regards to the application of fair use, the situation giving raise to the possible infringement would have to look at on a case-by-case basis. Generally, courts have a great deal of freedom when making a fair use determination, considering the following broad factors:

1. purpose and character of the use

2. the nature of the copyrighted material

3. the amount and substantiality of the portion taken, and

4. the effect of use upon the potential market

Feel free to contact us directly or an intellectual property attorney in your area for more information.

Kind regards,

Jim

Read more
Answered on 4/10/13, 1:38 pm


Related Questions & Answers

More Intellectual Property questions and answers in California