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.

This case will affect writers more than any other for a long time.

For the uninitiated, Google has been scanning books into a giant database since 2004. Currently, there are seven millions books scanned into Google's big database. Of those, a million have had their copyright expire, putting them in the public domain. Another million are currently in print with active copyrights, and Google gained permission from publishers to scan the books. The remaining five million are out of print, but have active copyrights. In many cases, the copyright holder is very difficult to find.

To be sure, Google has spent an enormous amount of time and energy, not to mention money, on this effort and would like to eventually sell access to all these works and more. That desire didn't sit well with authors and publishers, who sued Google. Through negotiations Google reached an agreement.

In the deal, Google will be able to sell individual digital books, as well as access to its database. (Libraries will receive free access via a single terminal per location.) In return, Google will give 63% of its revenue to a books rights registry that will distribute the money to publishers and authors. Google will also provide $34.5 million to help build the registry and provide $45 million to a fund that will pay copyright holders at least $60 for each scanned title. (Source: San Jose Mercury News)

Authors have until September 4 to opt out of the deal and retain their right to sue Google. But, by opting out, they will also lose the right to have their books included in the registry, which may be the only game in town. Google will be able to digitize pretty much anything and show up to 20% of it for free. Currently, it links you to places where you can buy the rest of the book. (Speaking as a wannabe author, this sounds like a pretty good deal to me.)

The problem comes because Google is the only game in town. It may eventually decide to make all of your book free or none of it. It may also decided to drop your book entirely (similar to the Amazon "glitch" that resulted in gay-themed books falling out of its rankings system a while back). It may raise the cost of accessing the books to an enormous amount.

Or it may use its power in nefarious ways we can't yet imagine. (Uhhh, yeah. We don't like the way you wrote this part, so we took the liberty of rewriting it for you in a more non-offensive way. But it's okay. You can opt out. Of course, no one will actually see your book after that, but...)

A hearing will either endorse or reject the agreement on October 7. In the meantime, the Justice Department is starting to ask questions about anti-trust issues.

Personally, I'm split on this. On the one hand, Google is the only entity that had this vision to begin with and has poured an enormous amount of resources into it. On the other hand, I'm not comfortable with Google having that much power over my work, and the work of pretty much everyone else.

This case will have more impact on writers than any other for a long time.

NY Times: Google's Plan for Out of Print Books is Challenged

Link to article

At its core, the idea is useful and makes good business sense. Google is scanning "orphan" books--that is, books with a copyright--from libraries and making them available on line. Although the copyright for the books still exists, the author and maybe the publisher don't any more. The books are typically out of print.

Now, as part of the resolution of a lawsuit, Google is allowing authors whose works are included in their collection to opt out. If the authors claim their work, but don't opt out, Google gets 37% of whatever revenue the books generate, with the author and publisher getting the rest.

The issue exists for the works for which authors don't come forward. Based on the Times article, only Google would have access to those works, and it would hold a virtual monopoly over them. Universities are concerned that virtual monopoly would result in abnormally high prices for access to the works. (The article didn't mention what might prevent another company, such as Amazon from scanning the books the way Google had.)

As the digital tidal wave moves through publishing, this won't be the last time we read of issued like this one.