International Law

Federal Minister of Justice against Google Book Search

By Karl-Friedrich Lenz

The German Federal Minister of Justice Zypries has asked for a discussion at the EU level on how to stop the wholesale copyright violation of the Google Book Search project. See the Federal Ministry of Justice press release of May 28th here (in German). From that press release (my translation):

“Google’s procedure digitalizing books is unacceptable. It is violating basic concepts of European copyright law. Here in Europe, one needs to receive permission of the author before digitalizing and publishing on the Internet. I think there is an urgent need for a clear political signal by the EU Council to prevent Google from making publicly available in Europe works digitalized in the US without consent of the rightholders.

The discussion about Google Books must continue in one of the next meetings of Council. We have asked the EU Commission to get involved with this topic in the meantime. The Commission should evaluate the project “Google Books” and the effects of the American settlement under copyright, cultural policy and antitrust aspects. If necessary, the European legislator needs to introduce further protection measures for rightholders. Google’s procedure is not only problematic under copyright law, but has also the potential to influence mass media monopolization and cultural diversity in Europe.”

That’s about the strong as it gets. I applaud this criticism. However, I don’t think there is any need for new laws. As Minister Zypries observes correctly, Google’s procedure is violating basic concepts of copyright law. Last I checked there was no exception or limitation for search engines in Article 5 of the 2001 Copyright Directive. As long as politicians in Europe don’t follow the Japanese lead and start discussing introducing such an exception, taking Google down in Europe is just a question of finding someone willing to sue.

Full post as published by Lenz Blog on June 01, 2009 (boomark / email).