I wrote a small article for the quarterly IA magazine
Outline a month or so ago about the Google Library Project. The out come of this case will have some serious ramifications for many authors, illustrators and publishers around the world. Given the gravity of the case I thought it was important to share what I had learnt about it with as many people as possible. So here is a slightly edited version of what I featured in the last issue of
Outline.
I wish to thank the people at CAL (Copyright Agency Limited) for double checking the facts I have included in this piece.
In 2004 Google commenced its Google Library Project. This project is being run in partnership between Google and various libraries from around the world.
The Google Library Project involves Google scanning or digitising all the books that are stored in the various libraries it has formed partnerships with. Some of these libraries have only allowed the scanning of out-of-copyright books.
So far Google has scanned over seven million books. Currently people can go to the Google Library Project website and view varying levels of pages from these books. Google then provides a link to store where the user can buy an actual copy of the book.
For books that are still in copyright, Google will only display a snippet view, unless they have permission from the rights holder.
On the 20th of September 2005, the American Authors Guild filed a class action against Google.
Then on the 19th of October 2005 the Association of American Publishers also filed a similar class action against Google.
Both the AAG and the AAP claim that Google was using the display of sections from in copyright books to entice internet users to visit it’s Library Project site. The AAG and AAP claim that this increase in traffic to the site would allow Google to make a larger profit from selling advertising space on this web-site. The AAG and AAP were concerned that both the authors and publishers were receiving no remuneration for the use of their books on this site.
The case between Google and the AAG and AAP carried on for another three years.
In October of 2008 the parties came to an agreement on a settlement which, if given final approval by the US District Court in New York, will have repercussions for both authors and publishers who possess copyright for books released in America.
The terms of agreement reached by Google, the AAG and the AAP allows Google to continue scanning and producing digital copies of books from the collections of the libraries it has formed agreements with.
Once these books have been digitized Google will have the right to do the following with these digital copies:-
• To sell subscriptions to it’s newly formed electronic book database to institutions.
• Sell users online access to specific books.
• Sell advertising space on the pages from the scanned books.
• Create new means of generating income from these digitised books.
In exchange for these uses Google will pay 63% of the revenue from these services to a Registry.
This Registry shall be comprised of an equal number of representatives of authors and the publishing industry
It will be responsible for distributing any income generated by the Google books project to the rights holders of the books.
As part of the settlement Google has agreed to provide $34.5 million US to set up this not for profit Registry.
Google also has agreed to set up a fund of $45 million US to provide compensation to authors and publishers whose works were digitised by Google on or before May 5, 09.
The minimum that a copyright holder will receive from the above mentioned fund for the digitisation of a book will be $60.00 US and $15.00 US for inserts.
Those who are eligible and wish to receive this one off payment must agree to participate in the Google settlement and fill out an application form found online.
The deadline to submit this form is on or before 5 January 2010.
The deadline for people to decide whether they would wish to participate or opt out of the Settlement agreed upon by Google, the AAG and the AAP is on or before the 4th of September 2009.
An unnerving aspect of the agreement is that illustrations and other pictorial works, such as photography and maps are not included in this class action brought against Google by the AAG and the AAP.
There are exceptions though. The first exception being if the owner of the copyright of the book is also the owner of the copyright for the illustrations in the book, then they will be entitled to the payments outlined in the settlement.
The other exception is if you own the copyright to illustrations that feature in a children’s book. Under the terms of the class actions these illustrations will be considered inserts and be claimed as such by the rights holder.
Aside from these two exceptions there is no obligation for Google to extend any payment to the copyright owners of illustrations, photographs maps and other similar material under the terms of this agreement. (With the two exceptions mentioned in the paragraphs above.)
The terms of the class action also make it clear that this agreement does not prevent or provide Google the authority to use such illustrations, photos and maps etc. The document also seems to leave open the door for those who may wish to make a claim against Google for the display of their illustrations or imagery on the Google Books Project site, not already covered under the terms of the current proposed settlement.
The final fairness hearing for this agreement will be on the 7th of October.
For more detailed information on this case check out these links: -
http://www.googlebooksettlement.comhttp://www.copyright.com.au/Latest_News/Google_book_settlement_1.aspxhttp://www.authorsguild.org/advocacy/articles/settlement-resources.html k
