[LINK] Google Book Settlement Update

Tue Dec 15 11:48:00 AEDT 2009

CAL's explanation follows ...

14 December 2009

Google Book Settlement
Important update for CAL members

Background

In February 2009 CAL notified members via mail or email of the 
proposed Google Book Settlement (the Settlement). First announced in 
October 2008, the Settlement is a negotiated agreement made between 
Google, the Authors Guild (US) and the Association of American 
Publishers. This was a class action by those rightsholder 
organisations against Google following its scanning of in-copyright 
works held in US libraries, and displaying 'snippets' of these works 
online. A summary of the Settlement can be found on CAL's website 
<http://www.copyright.com.au/Latest_News/Google_book_settlement_1.aspx>here. 
You can also find further information, including the full Settlement 
agreement, at the Google Book Settlement website 
<http://www.googlebooksettlement.com/r/home>here.

When public comment on the Settlement was invited during 2009, a 
number of foreign rightsholder groups and government agencies, 
together with the US Department of Justice, objected to a number of 
features, including its potential to create a monopoly for Google in 
respect of 'orphan works'. In response to these criticisms, the 
Settlement has now been amended. You can find a copy of the 
Supplemental Notice which outlines changes to the original settlement 
<http://www.googlebooksettlement.com/Supplemental-Notice.pdf>here.

Changes in the Amended Settlement

The most significant change for Australian rightsholders is the new 
definition of Books and Inserts. The draft agreement now only covers 
Books and Inserts published before 5 January 2009, if their place of 
publication was the US, UK, Canada or Australia; or if they were 
published elsewhere and registered with the US Copyright Office. This 
means that Australian rightsholders are still included in the 
Settlement.

Therefore, it is important that you read the information provided in 
this CAL member e-alert. CAL advises that unless you opt out of the 
Settlement, your works will be affected and you will be bound by the 
agreement when it is approved by the US District Court at the final 
Fairness Hearing in February 2010.

There are 20 major changes in the new draft settlement listed in the 
<http://www.googlebooksettlement.com/Supplemental-Notice.pdf>Supplemental 
Notice. Some key changes are summarised below:

The Book Rights Registry (BRR), which is the  independent body that 
will administer payments under the Settlement, will now have a Board 
that includes at least one author director and one publisher director 
from each of the UK, Canada and Australia.
There have been significant changes for unclaimed Books and Inserts, 
including a trust period of up to 10 years, the ability to use 
unclaimed funds to locate the relevant rightsholders, and provisions 
for a portion of unclaimed funds to be allocated to literacy based 
charities in the relevant countries.
Amendment to the definition of 'commercially available' works, 
alterations to dispute resolution procedures, restriction of the 
revenue models to print on demand, file download and subscription, 
and other changes which will facilitate competition with Google in 
online book sales.
Outline of your options

The full version of this table is in the 
<http://www.googlebooksettlement.com/Supplemental-Notice.pdf>Supplemental 
Notice. CAL has summarised some options and listed the key dates 
below.

If you...  Then...  Deadline Did not opt out of the Original 
Settlement but wish to opt out of the Amended Settlement  You may do 
so by following the instructions in the original 
<http://www.googlebooksettlement.com/>Notice 28 January 2010 Opted 
out of the Original Settlement and wish to opt back in to the Amended 
Settlement  You may do so by notifying the Settlement Administrator 
or Class Counsel or by filling out the 
<http://www.googlebooksettlement.com/>Opt-Back-In Form 28 January 
2010 Wish to file an objection to the terms of the Amended Settlement 
If you have not opted out, you may file an objection by following the 
instructions in the
original <http://www.googlebooksettlement.com/>Notice 28 January 2010 
Wish to appear and be heard at the Fairness Hearing and have not yet 
filed a Notice of Intent to Appear You must file a Notice of Intent 
to Appear by following the instructions in the original 
<http://www.googlebooksettlement.com/>Notice  4 February 2010 Wish to 
be eligible to receive a Cash payment for any Book or Insert that has 
been digitised  You must submit a 
<http://www.googlebooksettlement.com/>Claim Form 31 March 2011 Wish 
to remain in the Amended Settlement Class  You need not do anything 
at this time 
   N/A Have already claimed Books and Inserts using the Claim Form 
You need not take any additional steps at this time N/A Opted out of 
the Original Settlement, and wish to remain out of the Amended 
Settlement  You need not opt out again  N/A

Industry positions on the Settlement

CAL maintains a neutral position on the Google Book Settlement. We 
see our primary role as educating our members and ensuring they are 
aware of all of their options. 

For your information, the Australian Publishers Association (APA) has 
supported the new Settlement but encourages its members to make their 
own decision on what they wish to do. The Australian Society of 
Authors (ASA) has come out in support of the Amended Settlement, 
stating in its latest newsletter that the new Settlement 'will 
provide income opportunities for authors of out-of-print books'.

Seminars on the Amended Settlement

CAL will be holding a number of information sessions on the Amended 
Settlement in late January 2010, ahead of the opt out deadline.

To register your interest in attending one of these sessions, and to 
be first to hear about dates and locations, 
email <mailto:events at copyright.com.au>events at copyright.com.au and 
insert 'Google seminar' in the subject line. 

Disclaimer

CAL is participating in this Notice program on a voluntary basis as a 
service to our members. The information provided in this e-alert is 
intended to provide an outline of what is offered under the 
Settlement, with directions to more detailed information.

Contacts

If you need advice on the legal and commercial implications of the 
offer, please contact your legal adviser, industry association or the 
Google Book Settlement class action attorneys:

Authors:                                 email 
<mailto:bookclaims at bonizack.com>bookclaims at bonizack.com

Publishers:                              email 
<mailto:bookclaims at debevoise.com>bookclaims at debevoise.com

Further information

Google Book Settlement official website 
<http://www.googlebooksettlement.com/>www.googlebooksettlement.com

Copyright Agency Limited 
website <http://www.copyright.com.au/>www.copyright.com.au and click 
on 'Google Settlement Update'

Australian Publishers 
Association website <http://www.publishers.asn.au>www.publishers.asn.au
Australian Society of Authors website 
<http://www.asauthors.org>www.asauthors.org

Date of publication

This e-alert is current as at 14 December 2009. For regular updates 
visit the Google Book Settlement website at 
<http://www.googlebooksettlement.com>www.googlebooksettlement.com

Copyright 2009 Copyright Agency Limited

-- 
Roger Clarke                                 http://www.rogerclarke.com/

Xamax Consultancy Pty Ltd      78 Sidaway St, Chapman ACT 2611 AUSTRALIA
                    Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au                http://www.xamax.com.au/

Visiting Professor in the Cyberspace Law & Policy Centre      Uni of NSW
Visiting Professor in Computer Science    Australian National University