author’s permission or contract with the author. For the publisher, Article 35 stipulates that the publisher has the right to permit or in inhibit anyone to use the book that it publishes. When the author gives the publisher his works, the publisher has to make the cover, the illustration and etc., the author and the publisher have their own copyright, but what Google does is to scan the book and upload the digitalized files, which infringes the author and the publisher’s copyright. It is noted that one famous author-Mien Mien brought a lawsuit against Google on November 6, 2009 asking the court to confirm Google’s infringement, hold that Google remove the work from the website, apologize publicly and compensate ¥60,000 totally for the economic and mental loss.
5. Fair Use According to Article 22 of China’s Copyright Law, under certain circumstances, the user can use the copyrighted work without the author’s permission or contract with the author, but the user should point out the author’s name and the work’s detail, and should not infringe the other copyright according to this law. Google is a private owned corporation but not an individual and scan the book completely. The participating library and Google Book Search could declare Article 22(VI): in order to teach at school or do scientific research, the user can translate or copy part copyrighted works for the researcher and teacher, but should not publish or distribute the works. But Google Library digitalizes the whole books and everyone could download them for free. The participating library could declare article 22(VIII): the library, archives, memorial hall museum and art gallery can copy their collection for exhibiting or preserving, but Google could not. If Google, the trustee, spread the copy files without permission, it will be infringement.
6. Conclusion Digital reading brings more and more convenience to our lives, and we are just like a small walking library with personal interest-oriented. “Google Library” will save more storage room and economic cost by using digital technology and the worldwide readers can enter “Google Library” to search and read the full text of books for free online. For the libraries, the publishers and the authors, this project has more good than harm, although the infringement and piracy would be more and more in the digital reading now. Digital reading in the Internet has no national boundaries, which would cause jurisdiction problems to every country. This is the detriment that the copyright owners worry about, and they hope their government can protect their rights and interests. Google’s plan is good to everyone, and everyone could get knowledge easily through Internet, but it is also harmful. You can read the copyrighted books in limited preview through “Google Book Search” now, and then you will watch the copyrighted ones in full view in “Google Library” in the future. This is the most important difference between “Google Book Search” and “Google Library”. Notably, Google’s plan would infringe the copyright owners seriously, therefore, Google wants to make the settlement with them, but “Google Book Settlement” may not mention the renewed settlement, ad income or reasonable compensation. You can reverse the settlement and get away for your copyright, but you will be alone without knowledge swap. Generally speaking, copyright law can protect the copyright owners, but it cannot provide the best solution to them and Google. Chinese government shall play as an impartial third party and consort with Google and the copyright owners in “Google Book Settlement”. China’s presiding governmental agency i.e. National Copyright Administration (NCA) and China Written Works Copyright Society (CWWCS) which is the only domestic administration of written works copyrights can provide better suggestions regarding the crucial reality in China. Google can adjust and amend the settlement in light of these suggestions. Since Google is a worldwide Internet enterprise, when the authors or publishers want to sign the settlement, NCA and CWWCS shall examine the settlement or inspect it to protect the authors or publishers’ right and benefit. Therefore, to achieve multiple wins in the long run, this article suggests that CWWCS continuously conduct the fair and equitable negotiations with Google and hope NCA make its best efforts to push the US government to handle the issue properly.