Copyright and Mass Digitization

Maurizio Borghi and Stavroula Karapapa

The first work to propose new solutions for how to regulate the use of works through developing a regulatory framework for the lawful use of works in the mass digital age
Assesses comprehensively and systematically the collision of traditional copyright principles with the emergence of new technologies
Considers the important question of whether copyright law needs to be redefined
Considers the legitimacy of activities underlying mass digitization in the context of projects such as Google Books, the Internet Archive, and Europeana, looking at both European and US law

Copyright and Mass Digitization

Maurizio Borghi and Stavroula Karapapa

Description

Mass digitization of texts, images, and other creative works promises to unprecedentedly enhance access to culture and knowledge. With the electronic 'library of Alexandria' having started to materialize, a number of legal and policy issues have emerged. The book develops an extended conceptual account of the ways in which mass digital projects challenge the established copyright norms through the wholesale copying of works, their storage in cloud environments, and their automated processing for purposes of data analytics and text mining. As individual licensing is not compatible with the mass scale of these activities, alternative approaches have gained momentum as effect of judicial interpretation, legislative initiative and private-ordering solutions.

This book queries the normative and policy implications of this newly emerging framework in copyright law. Adopting a cross-jurisdictional perspective, it concludes that lack of clarity as to the scope of authorial consent does not only bear the risk of legal uncertainty, but can also lead to the creation of new and not readily transparent monopolies on information and knowledge. In this respect, a new regulatory framework is outlined drawing from the insights developed in areas of law where the concept of consent in the use of data has been thoroughly elaborated.

Illustrating how mass digitization unveils a number of unsettled theoretical issues within copyright, the book builds a sophisticated case that digital repositories in the mass digital age should be and remain fully-fledged public goods to the benefit of future generations.

Copyright and Mass Digitization

Maurizio Borghi and Stavroula Karapapa

Copyright and Mass Digitization

Maurizio Borghi and Stavroula Karapapa

Author Information

Maurizio Borghi, Brunel University, and Stavroula Karapapa, University of Reading

Maurizio Borghi is senior lecturer at Brunel University Law School and director of the Centre for Intellectual Property, Internet and Media. Prior to joining Brunel in 2007, he has been a researcher in cultural legal studies and philosophy at Bocconi University of Milan, and a visiting scholar at the Center for the Study of Law and Society at the University of California, Berkeley. He is a founding member of ISHTIP, the International Society for the History and Theory of Intellectual Property.

Stavroula Karapapa is senior lecturer in law at the School of Law, University of Reading and an advocate at the Athens Bar, specialising in Intellectual Property and Internet law. Her research interests focus on the intersection of law and technology with particular emphasis on copyright.

Copyright and Mass Digitization

Maurizio Borghi and Stavroula Karapapa

Reviews and Awards

"For those who are interested in legal issues surrounding digitisation, this book serves as a thorough and up-to-date resource." - Emily Hudson, European Intellectual Property Review

"Overall, the book is well structured and clearly written to present information concisely and in a precise manner. It is a valuable contribution to the current debate on mass digitization projects. It will thus be of great interest to scholars and researchers in this area." - Ghufran Sukkaryeh, Journal of Intellectual Property Law & Practice

"... Copyright and Mass Digitization offers a perceptive and in-depth contribution to the subject matter, explaining technical terms in a clear manner and providing a thorough and comparative analysis of controversial issues, which are exemplified through cross-jurisdictional case law." - Giulia Dore, SCRIPTed

"I have personally enjoyed reading this work. The book is carefully researched and innovative in its analysis of the various issues surrounding mass digitisation. In addition, its fresh and engaging prose and style make it a pleasure to read." - Eleonora Rosati, The 1709 Blog

"The book Copyright and Mass Digitization which explains technical terms in a clear manner and provides a thorough and comparative analysis of controversial issues is valuable for academics and legal practitioners from both civil and common law systems, as well as members of the general public who wish to understand the complex and critical dynamics of mass digitization in the copyright environment." - Madhu Sahni, Journal of Intellectual Property Rights

Copyright and Mass Digitization

Maurizio Borghi and Stavroula Karapapa

From Our Blog

Google Books is fair use

By Maurizio Borghi and Stavroula Karapapa After almost a decade of litigation, on 14 November the Southern District Court of New York has ruled on the class action Authors Guild v Google. Judge Chin, who had rejected in March 2011 the agreement proposing to settle the case, found that the activities carried out in the context of the Google Books project do not infringe copyright.

Posted on December 23, 2013

Read the blog post