The Fair Use Of ‘Internet-based Book Search Service'

“Internet-Based Book Search Service” is a newly developed online book service.The operators of the service collect large amount of works and provide search service with such collection.Some of the operators also provide snippet view of the works.One of the typical examples of the service is ‘Google Library Project'.However,as Google does not have the permissions of right holders or pay for the usages,Google has encountered copyright infringement law suits in multiple countries.Whether Google Library's copying and dissemination of the works are fair uses is the main focus of the law suits.US Courts recognize Google Library's uses as fair uses;Chinese courts,while agree with US courts' verdict on dissemination,recognize the copying of books as infringement.What's more,the reasoning of both US and Chinese courts is also something to discuss.And the purpose of this essay,is to determine whether Internet-Based Book Search Service should be fair use,with Google Library's cases as examples.The essay consists of three parts.The first part is the introduction of Google Library.It includes the definition of Internet-Based Book Search Service and the differences with its counterparts;the operational mode of Google Library;the law suits Google Library involved;and the possible copyrights problems Google Library may encounter.It is concluded that fair use is the point at issue in discussion of Google Library's copyright problems.The second part focuses on the standards of fair use.It first lists legal rules about fair use in China,and analyzes the ‘Three Criteria Test' as well as the ‘Four Factors Test',which are of great importance in juridical practice.Then it points out the advantages and disadvantages of the rules and theories.A ‘Mixed-Test Method' is established based on Three Criteria Test,with the implement of Four Factors Test's theories,so that the problems of existing tests may get solved.In the third part of the essay,Google Library's dissemination and copying are tested respectively.The Mixed-Test Method is utilized in the discussion about dissemination,and it is concluded that the dissemination of Google Library is fair use.When deciding if the copying of Google Library is fair use,the definition of fair use is cited to prove that the ‘necessary pre-usage' of a fair use should also be recognized as fair use.The necessity of copying for Google Library's dissemination is justified then,which means the copying of Google Library is also fair use.As a conclusion,Google Library's usages of the books are fair uses.This is a meaningful reference to solving the copyright problems of online book services(especially InternetBased Book Search Service)in China.And the ‘Mixed-Test Method' may also be useful for other cases.