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Google Settles With Book Publishers,
by Glen Shapiro, LawAndTax-News.com, New York
Wednesday, November 19, 2008
Google recently reached an agreement with the Authors Guild and the Association
of American Publishers (AAP) under which the firm will pay USD125m to resolve
outstanding legal actions against it in relation to its Google Book search service,
which offers full-text searching facilities to users.
The agreement, reached after two years of negotiations, and which is subject
to approval by the US District Court for the Southern District of New York.
would resolve a class-action lawsuit brought by book authors and the Authors
Guild, as well as a separate lawsuit filed by five large publishers as representatives
of the AAP’s membership. These lawsuits challenged Google’s plan
to digitize, search and show snippets of in-copyright books and to share digital
copies with libraries without the explicit permission of the copyright owner.
The money will be used to establish the Book Rights Registry, to resolve existing
claims by authors and publishers and to cover legal fees. Holders worldwide
of US copyrights can register their works with the Book Rights Registry and
receive compensation from institutional subscriptions, book sales, ad revenues
and other possible revenue models, as well as a cash payment if their works
have already been digitized.
Google says that the agreement would:
Provide more access to out-of-print books by generating greater exposure
for millions of in-copyright works, including hard-to-find out-of-print books,
by enabling readers in the US to search these works and preview them online;
Further expand the electronic market for copyrighted books in the US, by
offering users the ability to purchase online access to many in-copyright
books; and
Provide free, full-text, online viewing of millions of out-of-print books
at designated computers in US public and university libraries.
“This historic settlement is a win for everyone,” said Richard
Sarnoff, Chairman of the Association of American Publishers. “From our
perspective, the agreement creates an innovative framework for the use of copyrighted
material in a rapidly digitizing world, serves readers by enabling broader access
to a huge trove of hard-to-find books, and benefits the publishing community
by establishing an attractive commercial model that offers both control and
choice to the rightsholder.”
“Google's mission is to organize the world's information and make it
universally accessible and useful. Today, together with the authors, publishers,
and libraries, we have been able to make a great leap in this endeavor,”
said Sergey Brin, co-founder & president of technology at Google. “While
this agreement is a real win-win for all of us, the real victors are all the
readers. The tremendous wealth of knowledge that lies within the books of the
world will now be at their fingertips.”
“It’s hard work writing a book, and even harder work getting paid
for it,” said Roy Blount Jr., President of the Authors Guild. “As
a reader and researcher, I’ll be delighted to stop by my local library
to browse the stacks of some of the world’s great libraries. As an author,
well, we appreciate payment when people use our work. This deal makes good sense.”
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