Publishers Protest Google's Online Library Project

SAN FRANCISCO (AP) -- A group of academic publishers called Google Inc.'s plan to scan millions of library books into its Internet search engine index a troubling financial threat to its membership.

The Association of American University Presses said in a letter to Google that the online search engine's library project "appears to involve systematic infringement of copyright on a massive scale.''

The association, which represents 125 nonprofit publishers of academic journals and scholarly books, asked Google to respond to a list of 16 questions seeking more information about how the company plans to protect copyrights.

Two unidentified publishers already asked Google to withhold its copyrighted material from the scanners, but the company hasn't complied with the requests, Peter Givler, the executive director for the New York-based trade group, wrote in the letter that was sent last Friday.

Google, based in Mountain View, Calif., said in a statement Monday that it offers protections to copyright holders. For example, the company said that for books still in copyright, users will only see bibliographic information and a few sentences of text.

"Although we believe there are many business advantages for publishers to participate in Google Print, they may opt out, and their books scanned in libraries will not be displayed to Google users,'' the company said.

"We continue to maintain an active dialogue with all of our publishing partners participating in Google Print and we encourage any publishers to contact us directly with their questions and comments.''

The association of nonprofit publishers is upset because Google has indicated it will scan copyright-protected books from three university libraries -- Harvard, Michigan and Stanford.

Those three universities also operate publishing arms represented by the group complaining about Google's 5-month-old "Libraries for Print'' project. That means the chances of the association suing Google are "extremely remote,'' Givler said in an interview Monday.

Still, Givler said the association is very worried about Google's scanning project.

"The more we talked about it with our lawyers, the more questions bubbled up,'' he said. "And so far Google hasn't provided us with any good answers.''

Google also is scanning books stored in the New York Public Library and Oxford in England, but those two libraries so far are only providing Google with "public domain'' works -- material no longer protected by copyrights.

Federal law considers the free distribution of some copyrighted material to be permissible "fair use.'' The company has told the nonprofit publishers that its library program meets this criteria.

Some for-profit publishers also are taking a closer look at Google's library-scanning project.

"We are exploring issues and opportunities with Google, including the potential impact of this program on our authors, our customers and our business,'' said John Wiley & Sons Inc. spokeswoman Susan Spilka.

Copyright concerns aren't the only issue casting a cloud over Google's library-scanning project. The project also has drawn criticism in Europe for placing too much emphasis on material from the United States.

One of Google's most popular features -- a section that compiles news stories posted on thousands of Web sites -- already has triggered claims of copyright infringement. Agence France-Presse, a French news agency, is suing for damages of at least $17.5 million, alleging "Google News'' is illegally capitalizing on its copyrighted material.

The latest complaints about Google are being driven by university-backed publishers who fear there will be little reason to buy their books if Google succeeds in its effort to create a virtual reading room.

The university presses depend on books sales and other licensing agreements for most of their revenue, making copyright protections essential to their survival.

Google has turned its search engine into a moneymaking machine, generating a $369 million profit during the first three months of this year alone. The company is counting on its library scanning project to attract even more visitors to its site so it can display more ads and potentially boost its earnings even more.

Investors already adore Google. The company's shares surged $13.84, or 5.7 percent, to close Monday at $255.45 on the Nasdaq Stock Market. Earlier in the session, the shares traded as high as $258.10 -- a new peak since the company went public nine months ago at $85.

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