Resources about the Google settlement

The deadline for opting out of the Google settlement has been extended to September 4. This is a confusing issue that can't be explained in a couple blog posts. So here are some key points and resources:

-- Google has scanned more than 7 million works to provide and potentially charge for access to them. Most of the works to this point have been academic, but Google intends to create an all-inclusive library.

-- Two class-action lawsuits were brought against Google over copyright infringement. A settlement has been agreed to, to resolve this issue.

-- The settlement provides Google with rights to digitize and use included works on a non-exclusive basis. That is, you still retain rights to your books. However, if your book is included, you cannot grant exclusive access to others.

-- Only works published through January 5, 2009 are covered under this settlement. Works must be registered with the US Copyright Office to be subject to the settlement.

-- You can opt out of this settlement through September 4, 2009 (recently extended from May 5). You can also choose to remain in the settlement, but object to the terms by September 4, 2009.

-- If you remain in the settlement, you control the extent to which Google can use your work.

-- If you remain in the settlement, Google will pay at least $60 for past use of your work (less for inserts, such as graphics, charts, excerpts, etc. Beyond that, Google will pay 63% of its revenue from this database to a books rights registry, similar to ASCAP or BMI, to forward to rights holders.

-- To receive the benefits of the settlement, you must submit a claim form by January 10, 2010.
This settlement is not final. A fairness hearing will take place in US District Court in New York City on October 7 to determine whether the terms are fair and appropriate. The court may uphold the settlement, reject the settlement, or modify it.

In addition, the Department of Justice may decide to bring anti-trust actions against Google, and strike down the settlement or force changes.

Resources:
-- Google Book Settlement website. The settlement itself is more than 300 pages long, and the summary is 60 pages long. The FAQ may be very useful to you.

-- California Lawyers for the Arts webinar. A publishing and intellectual property attorney and author's take on the settlement.