Just released today. 2mb PDF of report
downloadable at the site, or I'll attach a bookmarked, tagged version here. (Which, because this is a release of the US gov't, is in the public domain.)
Quote:
Background:
The Copyright Office has published a Preliminary Analysis and Discussion Document that addresses the issues raised by the intersection between copyright law and the mass digitization of books. The purpose of the Analysis is to facilitate further discussions among the affected parties and the public – discussions that may encompass a number of possible approaches, including voluntary initiatives, legislative options, or both. The Analysis also identifies questions to consider in determining an appropriate policy for the mass digitization of books.
Public discourse on mass digitization is particularly timely. On March 22, 2011, the U.S. District Court for the Southern District of New York rejected a proposed settlement in the copyright infringement litigation regarding Google's mass book digitization project. The court found that the settlement would have redefined the relationship between copyright law and new technology, and it would have encroached upon Congress's ability to set copyright policy with respect to orphan works. Since then, a group of authors has filed a lawsuit against five university libraries that participated in Google's mass digitization project. These developments have sparked a public debate on the risks and opportunities that mass book digitization may create for authors, publishers, libraries, technology companies, and the general public. The Office's Analysis will serve as a basis for further policy discussions on this issue.
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Excerpt from the overview section of the report:
Whether copyright owners are in a position to offer market solutions for mass digitization projects is an important part of the equation. It is possible that direct licensing, collective licensing, and other emerging business models will be capable of balancing the needs of user groups and the interests of copyright owners. This raises practical questions about how copyright owners should be compensated for the use of their works in mass digitization projects, and legal questions about the applicability of exclusive rights and limitations and exceptions under copyright law. Is the existing copyright framework sufficiently responsive to these concerns? If not, are there important public or private goals that might warrant legislative action in this area? Some stakeholders may suggest that Congress should facilitate mass digitization – and possibly dissemination – of books by creating a public registry that could simplify the process of obtaining prior permission from authors and other rights holders. Others may suggest that with guidance and encouragement from Congress, stakeholders could and should be encouraged to explore solutions within the marketplace, including private agreements or memoranda of understanding.