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 here. You can also find further information, including the full Settlement agreement, at the Google Book Settlement website 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 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 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 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 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 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 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 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 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 events@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 bookclaims@bonizack.com
Publishers: email bookclaims@debevoise.com
Further information
Google Book Settlement official website www.googlebooksettlement.com
Copyright Agency Limited website www.copyright.com.au and click on ‘Google Settlement Update’
Australian Publishers Association website www.publishers.asn.au
Australian Society of Authors website 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 www.googlebooksettlement.com |
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