World Book Day, Copyright, and Google Book Search
On March 22nd the Southern District Court of New York rejected the Google Books Settlement. One of the central issues of the Google Books Settlement was the burden on Copyright holders to opt out of having their works digitized by Google. Instead, the burden is put on Google to obtain rights by having Copyright holders opt in. What does this mean for the extraordinary database Google has constructed of digitized works? What contents are already available in Google Books?
On March 16th the World Book Day game was reposted from Facebook to the PubLib Listserve:
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“It’s that time again – World Book Day. Grab the book closest to you right now. Open to page 56 and choose the 5th sentence. Publish it as your status and write these rules as a comment. Don’t choose – PICK UP the CLOSEST BOOK. Don’t say what the book is about.”
The World Book Day game on Facebook is apparently a derivation of World Book Day as explained here by Judy Turner :
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Briefly, the day’s official name is World Book and Copyright Day (also known as International Day of the Book or World Book Days. It is celebrated yearly,except in the UK and the Republic of Ireland where the first Thursday in March was chosen as the date. The commemoration was organized by UNESCO to promote reading, publishing and copyright and was first observed in 1995.
Many PubLib subscribers posted the fifth sentence on the 56th page of the book closest to them on PubLib. Running the sentences through Google Book Search yielded many of the titles. Google sells many of these titles through the eBookstore, so it stands to reason that many of the copyright holders would have given permission to digitize. Do the searches that do not appear represent opting out? It also stands to reason if the 56th page of a book is available through Google Book search, the rest of the book would also be available. Does this mechanism of being able to search a book in its entirety still represent fair use? And, what are the books that were closest to the PubLib readers who participated in the game?
The 56th page fifth sentences follow. The sentences do not necessarily correspond to the 56th page of the edition scanned, but each sentence was available in its entirety:
This is only a test
By similar reasoning, it was held in U.S. v. Jacobsen (1984) that field testing of a white powder uncovered by a private search was no search, as it would only reveal whether the powder was an illegal substance.” ~ Robert Balliot – Criminal Procedure Constitutional Limitations – Jerold H. Israel and Wayne R. LaFave -2006 – ( Editor: this was not in Google Book Search – is this an example of opting out by Thomson West?)
“Locally crafted of walnut, mahogany, and sometimes cypress, these knobs are identical to examples made in the eastern United States and continued to appear on both bench-made and factory-made furniture through the nineteenth century.”~ Audrey Jo DeVillier – na
“Paul knew that if he meant to make it in show business he had to go ‘down south’, even though southerners had a reputation for being unfriendly and condescending to northerners such as himself.” ~ Mark P. Hasskarl – Fab: An Intimate Life of Paul McCartney – Page 56 – Howard Sounes – 2010 – 634 pages
“Mainly a place for jewelers to pick up stock, ordinary mortals, too, can rummage the sparklers and invest in either loose gems or unique pieces of fine jewelry.”~ Gair Helfrich - na
“”The double hit of having a tendency to form clots combined with an additional element that causes clots can lead to serious problems.” ~ Viccy Kemp – 100 Questions and Answers about Stroke: A Lahey Clinic Guide – Page 56 – Kinan K. Hreib – 2008 – 185 pages
“Like her he scanned the shadows, the deep pits of dark.” ~ Patrice Matujec - na
“And later, after her gentle care, she could see the trusting look in his eyes”. ~ Deb Yoder – A Moment in Time – Judith Gould – 2001 – 323 pages
“What these men had to eat and drink Is what we say and what we think.” ~ Myers, Leigh – Selected poems John Crowe Ransom – 1969 – 159 pages – More editions
“I can do without the snake’s help this time.” ~ Charli Osborne - na
“Like its rival Laphroaig, this [Lagavulin] is a very distinctive malt.” ~ Diane Swint Levin
“Is she awake yet?” ~ Darla Wegener - na
“”We won’t be doing that, Sheriff Barnett.’” ~ Glenda Pate - na
“It’s my mother.” ~ Betsy Cherednik - na
After agreeing to the new, harsher terms, Johnston surrendered his once-great army on April 26, 1865. ~ Melissa Davidson – Insiders’ Guide to Civil War Sites in the Southern States- John McKay – 2005 – 384 pages
When the poet Claude McKay reviewed Shuffle Along for The Liberator magazine, he made a point of praising its all-black production because some black radicals ‘were always hard on Negro comedy…hating to see themselves as a clowning race.’ ~ Kathleen Stipek – Anything Goes: A Biography of the Roaring Twenties- Lucy Moore – 2010 – 352 pages
“Malcolm Usrey called the book ‘a powerful and moving story, made poignant by [O'Dell's] restraint and simplicity, reflecting the stoic, proud, and quiet or passive strength of Bright Morning.’” ~ Donna Olson – Biography Today Author Series: Profiles of People of Interest to … Laurie Lanzen Harris, Cherie D. Abbey – 1996 – 190 pages
The nation’s first nonpartisan African American summit convenes April 21-23. ~ Melodie M. Franklin – The African American almanac L. Mpho Mabunda – 1997 – 1270 page
Glue and clamp together four pieces of 3/4″ x 3-1/4″ x 4-1/4″ stock to form the cab block (B). ~ Michael May - The great all-American wooden toy book Norman Marshall – 1999 – 211 pages
“4 1/2 cups water” ~ Ami Kreider – too many hits - na
“I went to Sedona’, Brenda Answered ~ Carolyn in Glasgow, MT - Fatal Error – Judith A. Jance – 2011 – 368 pages
“It’s true that I may have looked a bit New Agey, but I didn’t really need this.” ~ Margaret M. Neill – One of Our Thursdays Is Missing – Jasper Fforde – 2011 – 384 pages
Beigeschmack m (-[e]/no pl.) slight flavor; smack (of)(a. fig.) ~ Fred Beisser – The Oxford-Duden German dictionary: German-English, English-German – Page 1538 Olaf Thyen, Michael Clark, Werner Scholze-Stubenrecht – 1999 – 1728 pages
Since then, staff have followed up and worked with them to identify things they will do. ~ Carolyn Rawles-Heiser - na
“”Eileen, achora, I hear someone come tapping.” ~ Cindy Rosser - na
Install A-B-C fire extinguishers in the home and teach family members how to use them. ~ Dianne Harmon – It’s a disaster! … and what are you gonna do about it?: a … – Page 56 Bill Liebsch, Janet Liebsch – 2006 – 268 pages
Finally Ethel walked out on him and went to perform at a Black club called Egg Harbor, then landed at Rafe’s Paradise where the patrons were white. ~ Judy Turner - na
“Dorothy showed him no respect at all.” ~ Erin – Wringer – Jerry Spinelli – 2004 – 227 pages
It was characteristic of not only the Platonic but the Xenophonic Socrates. ~ Bill Manson - na
The very worst poetry of all perished with it creator Paula Nancy millstone Jennings of Greenbridge, Essex, England in the destruction of the planet Earth. ~ Diane Doty – The Hitchhiker’s Guide to the Galaxy – Page 58 Douglas Adams – 1997 – 208 pages
Those to whom the power of election is transferred must observe the provisions of law concerning an election and, for the validity of the election, they must observe the conditions attached to the compromise, unless these conditions are contrary to the law. Conditions which are contrary to the law are to be regarded as non-existent. ~ Paula Laurita – The code of canon law: new revised English translation Catholic Church, Canon Law Society of Great Britain and Ireland, Canon Law Society of Australia and New Zealand – 1997 – 508 pages
“The boy wondered and grieved that she could not eat; and when, putting his arms around her neck, he tried to wedge some his cake into her mouth, it seemed to her that the rising in her throat would choke her.” ~ Brad Leifer – Uncle Tom’s cabin, or, Life among the lowly – Harriet Beecher Stowe – 1852
“Then he heard a rustling sound coming from the kitchen.” ~ Meegan Tosh - - na
“The brigand’s sword withdrew to strike, and Friar Lorenzo sank to his knees in submission, clutching the rosary and waiting for the slash that would cut short his prayer.” ~ Heather Murray - Juliet – Page 56 Anne Fortier – 2010 – 464 pages
The Wee Tods cooried in close, their nebs twiggin, their een skinklin like stars. ~ Gail Roberts - na
“The rep was described as what we termed “UK-6 Aristocracy Dapper-12,” which meant that he had a fine pencil mustache and spoke as though he were from the Royal Academy of Dramatic Art.” ~ Catherine McCullough Les - One of Our Thursdays Is Missing - Jasper Fforde – 2011 – 384 pages
“All the same, she saw him go with regret.” Betty Neels, The Awakened Heart. ! ~ Carrie Braaten (Editor: not in Google Books but the line partially repeats – A Good Wife – Page 32 Betty Neels – 2009 – 192 pages – Shall I go up?’ Serena gave him a tired ‘Hello.’She was both tired and very worried, her hair hanging down herback … be along presently,’ he told her, ‘ and I’m sure your brothers will see to everything.’ She saw him go with regret. ..) - na.
“The amount of material on reserve for a course should be reasonable in relation to the total amount of reading assigned for the course;” ~ Kim Rutter - The librarian’s copyright companion – Page 56 James S. Heller – 2004 – 257 pages
“She is not for sale,” the father answered. ~ Marla - na
However, Sebastiano gained his greatest fame after moving to Rome in 1511. ~ Jessica Rogoz - The World Book Encyclopedia: Volume 1 World Book, Inc – 2007 – 22 pages
Most teams don’t have such a complete back; they’re more likely to have one of each, so defenses can take their next cues from the formation. ~ Sandra Ferguson - na
“Provides training and educational assistance to build a productive workforce.” ~ James B. Casey - Illinois handbook of government Illinois. Office of Secretary of State – 2001
I will continue to nurse, ride on her ody, and sleep in her nest for more than six years. ~ Judi Bugniazet - na
box of W’s. ~ Jane Carle - na
“There’ll be lots of little things like this, won’t there?” he says, sliding into the right-hand side of the bed. ~ Meredith Crosby – The Poison Tree – Erin Kelly – 2011 – 336 pages
“Eventually runners, if they survive to their eighteenth birthday, can become more of a liability than an asset.” ~ Carol Sheffer – Channel Surfing with God – Page 56 – Gary Fisher – 2009 – 267 pages
La negligencia en la otorgación del permiso de la minera San José, la falta de control respecto a situaciones precedentes y la inexistent supervisión de sus labores, se mantiene como el principal argumento del gobierno del presidente Sebastián Piñera ante los cuestionamientos opositores por el despido de Alejandro Vio, ex director del Sernageomin y responsable administrativo del desastre. ~ Kathi Kemp - Vivos Bajo Tierra/ Alive Underground: La historia verdadera de los …Manuel Pino, Manuel Pino Toro – 2011 – 272 pages
The child needs to get a job as well, which intensifies time pressure when it comes to studying. ~ Robert E. Perone – Ten minute guide – stress management – Page 91 – Jeff Davidson – 2001 – 192 pages
“And now,” said Susan, “what do we do next?” ~ Deborah Shepherd – The lion, the witch, and the wardrobe – Page 55 Clive Staples Lewis, Pauline Baynes – 2000 – 189 pages
All the lanterns were shuttered halfway so that a cool twilight suffused the air, lending an ethereal feel to the event. ~ Laurenne Teachout -Eldest – Page 56 – Christopher Paolini – 2007 – 704 pages
Boothe Homestead Museum gives tours Tuesday through Friday and weekend afternoons. ~ Cheryl Marriage – Off the beaten path: a travel guide to more than 1,000 scenic and … – Page 56 – Reader’s Digest – 2003 – 384 pages
“An evil prophecy is always fulfilled, if you put no time limit upon it; fulfilled quite readily, too, if you are a child counting little misfortunes as disasters.” ~ Ramona Lucius – The searchers – Alan Le May – 1954 – 272 pages
“Barbara came in bearing a tray of cups and saucers and a pot of hot chocolate.” ~ Deborah McLaughlin – American Taliban: A Novel – Page 56 – Pearl Abraham – 2010 – 258 pages
A rubber imitation softball, for instance, at something over 3″ in diameter, has it uses. ~ Judy Anderson – Musical instrument design: practical information for instrument making – Page 56 Bart Hopkin – 1996 – 181 pages
“In my experience there are three reasons why a boy will want to take out a book on poetry: 1. to impress a girl 2.for a class assignment 3.to impress a girl.” ~ Beth Dailey Kenneth – Bruiser – Page 56 Neal Shusterman – 2010 – 336 pages
“Until it receives a determination letter, the organization is required to file income tax returns and pay the applicable tax.” ~ John Richmond - na
“Some people set up routines or choose cues in order to build these moments of mindfulness into their day.” ~ Joanne Cronin - na
“The fall of communism was the result of a much longer process, and the popular protests were just its most visible, but not necessarily most important, component.” ~ R. C. Rybnikar - na
I just need to know that nobody’s reading over my shoulder, about to ask me what I’m writing. ~ Sarah Howison – Messenger of Truth: A Maisie Dobbs Novel - Jacqueline Winspear – 2007 – 336 pages
“I waited for another crack of thunder, thinking one surely had to follow a statement like that.” ~ Liz A. Vagani - na
In the was a brick oven carrying a large pan; beside it stood a rattan basket filled to the brim with pieces of charcoal. ~ sherry hupp - Judge Dee at Work: Eight Chinese Detective Stories – Page 56 – Robert Hans van Gulik – 2007 – 184 pages
“She didn’t know the real Eddie.” ~ Janet - na
What he needed was to dull his senses as much as he could, staying just sober enough not to be completely tongue-tied. ~ Connie Jo Ozinga - na
From the beer bottles strewn about like passed out drunks, and the cheese doodle dust coating his chest and face, it was pretty clear what he’d been up to. ~ David Faulkner – Red-Headed Stepchild – Jaye Wells – 2009 – 342 pages
“Or at least buy you a book on tactics to bolster your metaphors.” ~ Mary Wilkes Towner – - The Orchid Affair – Lauren Willig – 2011 – 405 pages
“An indoor botanical conservatory, two wedding chapels, and the Spa Tower complete the extravagant picture.” ~ Daniela Yew – Fodor’s Las Vegas 2010 – Page 56 - Fodor’s – 2009 – 392 pages
“Later Longie Zwillman, the so-called ‘Al Capone of New Jersey’ , took Doc’s place.” ~ Michael Gregory – Encyclopedia of world crime: criminal justice, criminology, and …: Volume 1
- Jay Robert Nash – 1990 – 4500 pages
“To be sure, unlike Dana, the movement’s advocates were not attempting to democratize taste.” ~ Malakia Oglesby - na
“Wishing for my leg back.” ~ Susan Riley - na
“At one end of the bar the television set was on, but the sound had been muted.” ~ Celia Bandelier – P is for peril – Sue Grafton – 2001 – 352 pages
“A robot is already a spare part.” ~ Brock Peoples - na
“He furnished himself with shirts and all the other things he could, following the advice the innkeeper had given him; and when this had been accomplished and completed, without Panza taking leave of his children and wife, or Don Quixote of his housekeeper and niece, they rode out of the village one night, and no one saw them, and they traveled so far that by dawn they were certain they would not be found even if anyone came looking for them.” ~ Lisa Guidarini - The First Part of the Delightful History of the Most Ingenious … - Miguel de Cervantes Saavedra – 1909
“Other patrons push their chairs back; the front door opens and shuts, then opens but doesn’t shut as Hattie steels herself to explain about radon, and about how the cancer had already spread by the time they found it – to his liver and brain before anyone knew a thing. “ ~ Laura Carroll - World and Town – Page 56 – Gish Jen – 2010 – 386 pages
Badawi scratched his chin thoughtfully. ~ Ann Perrigo - na
“Frey and others such as Versaci are part of a growing number of educators encouraging read3ers to see comics as a legitimate literary form.” ~ Joann D. Verostko - na
“An old and inconvenient term still used to designate a color mixed with black.” ~ Teresa - na
Swaz si des uber Rin mit ir zen Hiunen brahte, daz muose gar zergeben sin. ~ Lucy Roehrig - Deutsche Grammatik: Volume 1; Volume 4 – Gustav Roethe, Edward Schröder – 1989
“We’re authorized by the Department of Extraordinary Affairs to take you into custody for the possible murder of Professor Mason Redfield.” ~ Pat Mathews – Dead Waters- Anton Strout – 2011 – 335 pages
“Aren’t you forgetting something else?” said Katie acidly. “Like, um, the vents?” ~ Terry Ann Lawler - na
“The very nicest.” ~ Cheryl Schubert - na
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When patrons come to me at the reference desk, there’s one book I readily pull out to consult. It’s not a replacement for checking the catalog but it’s a helpful starting point for patrons looking for a particular topic. This handy reference book is titled People, Places, and Things, a reference book once published by 
