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Originally Posted by Ninjalawyer
There's no "implicit permission" required for someone pick up a book and read a few pages.
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Difficult to do if the book is not in the store. I do not know if there is implied permission, hence the question mark.
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A better example would be a book review on a website. Do you think a book reviewer should need the author's permission to quote a section (say a few paragraphs) of a book they are critiquing?
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Again I do not know, although some authors do provide reviewers with copies.
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The basic idea that a book is the author's and that they have total control over its contents is an incorrect understanding of copyright. Copyright is a bargain between authors and the public; It is the authors that are granted certain rights to encourage creation, it is not the public at large that are granted certain rights. The public does not need to beg each author for an indulgence each time they wish to turn a page.
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So you are saying that copyright is a bargain and that there is no law or act to be broken here? Kind of like a handshake deal in effect?
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Amazon gets permissions from publishers and authors to include the contents of their books in Amazon's books search and to use "Peak Inside" because Amazon has contracts and business relationships with publishers and authors, not because it is necessarily legally required by copyright law.
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And if Amazon has no contract with a specific author or publisher, they just go ahead ?
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Just curious and you are the lawyer after all
Helen