Google's plans to digitise some 15m books from the collections of leading libraries in the US and UK is groundbreaking in its attempt to democratise access to those works. To the dismay of some publishers, it is also pioneering in its interpretation of copyright law.

Last week, Google announced that it would stop scanning copyrighted books until November, a pause apparently intended to allow copyright holders to prepare lists of titles they do not want scanned. According to the Association of American Publishers, however, this procedure shifts the responsibility for preventing infringement to the copyright owner rather than the user, thereby turning an established copyright principle on its head. A stand-off looks likely, but ought to be avoided.