Photographers The Latest To Sue Over Google Book Search Deal
from the sue-sue-sue-sue dept
Via The Trademark Blog, we get a look at the actual filing:
Just last year, we wrote about a book that used old magazine covers drawn by artist Basil Gogos that looked at Gogos' artwork. The magazine that originally published the artwork claimed copyright violations, but the district court found a strong fair use claim in noting that it was "fundamentally transformative in nature." The other case, involves old Grateful Dead posters, where someone published a book of the posters, but was sued by the Bill Graham Archives, claiming copyright infringement over those posters. Once again, the court said this was fair use, despite it being a commercial endeavor. Again, part of the reasoning was that this was an aggregation of the content, and the overall quality of the images did not match up to the original posters. Given the low-fi quality of Google book scans, it seems likely that the same claim makes sense for photographic/visual media works that Google scans in books as well. It's worth noting, also, that the Grateful Dead poster decision took place in the same district court (Southern District of NY) where this new lawsuit is being filed.
Even so, this whole thing seems confusing, and feels like a pure moneygrab by photographers. The images from a Google book scan are not high quality in any way. They're certainly not going to replace or act as a substitute for the original works. In fact, it's difficult to see how they would do anything but increase the interest in the original, higher quality, works.