"If nature has made any one thing less susceptible than all others of exclusive property, it is the action of the thinking power called an idea... He who receives an idea from me, receives instruction himself without lessening mine; as he who lights his taper at mine, receives light without darkening me. That ideas should freely Spread from one to another over the globe, for the moral and mutual Instruction of man, and improvement of his condition, seems to have been peculiarly and benevolently designed by nature...like the air in which we breathe, move, and have our physical being, incapable of confinement or exclusive appropriation." - Thomas Jefferson

The Congress shall have the power... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

“Limited Time” - Originally 14 years plus one optional renewal - Now, death of the author plus 70 years - Does not require registration or renewal - 70% of books are copyrighted but not in print - Many of them are “orphaned works” ACTA – secretly under negotiation; could create international agreements that trump statutes in enforcing corporate control.

“To promote the Progress of Science and the useful Arts” For libraries, two different categories: - scholarly communication - cultural materials Does this limited monopoly promote arts and sciences? Eldred v. Ashcroft oral argument

Fair Use – the four-factor test - Purpose - Nature - Amount - Market A Fair(y) Use Tale

Google Books Issues - Privacy - Censorship - Monopoly - Quality Newshour : Google’s Goal

Photo credits: D-kav Mr. T in DC Foner Books Web sites Tooling Up / Visualization of the Republic of Letters Newshour - Google’s Goal: Digitize Every Book Ever Printed Geoffrey Nunberg – “Google’s Book Search: A Disaster for Scholars” (Chronicle of Higher Ed)Google’s Book Search: A Disaster for Scholars