Google Settles with Authors and Publishers

The Association of Research Libraries has posted a very detailed summary of the settlement which focuses on the library issues.  Remember that this has not yet been approved by the courts.

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Through Google Book Search, Google had been providing snippets of copyrighted materials for their users.  As a result, they were sued both by the Authors Guild and the Association of American Publishers.  On October 28th, they settled out of court.

As part of the settlement, Google will create a $125 million Books Rights Registry.  This Registry will be used to compensate authors and publishers whose works have already been paid and legal costs.

In addition, both the AAP and the Authors Guild have decided to work with Google to provide their copyrighted and out-of-print materials to the public.  Institutions will be able to pay for subscriptions; all U.S. public and university libraries will be provided with subscriptions at no charge.  This is the primary section from the agreement regarding library access:

4.8 Public Access Service.

(a) Public Access Service.

(i) Free Public Access Service. Google may provide the Public Access Service to each not-for-profit Higher  Education Institution and Public Library that so requests at no charge (and without any payment to the Rightsholders, through the Registry or otherwise (other than as set forth in Section 4.8(a)(ii) (Printing)) as follows:

(1) in the case of not-for-profit Higher Education Institutions that do not qualify as Associate’s Colleges pursuant to the Carnegie Classification of Institutions of Higher Education, one computer terminal for every ten thousand (10,000) Full-Time Equivalency (i.e., full-time equivalent students) at each such institution (which computer terminal may change from time to time);

(2) in the case of not-for-profit Higher Education Institutions that qualify as Associate’s Colleges pursuant to the Carnegie Classification of Institutions of Higher Education, one computer terminal for every four thousand (4,000) Full-Time Equivalency (i.e., full-time equivalent students) at each such institution (which computer terminal may change from time to time); and

(3) in the case of each Public Library, no more than one terminal per Library Building.

(ii) Printing. Google shall design the Public Access Service to enable users at a not-for-profit Higher Education Institution to print pages from Display Books for a per-page fee, and to enable users at a Public Library to print pages from Display Books for a per-page fee to the extent that such Public Library offers per-page printing services for a fee for other products and services. The Registry shall set a reasonable fee for such printing. Google shall collect all such printing fees and shall pay them to the Registry in accordance with the Standard Revenue Split for Purchases.

(iii) Additional Public Access Service. The Registry and Google may agree that Google may make available the Public Access Service to one or more Public Libraries or not-for-profit Higher Education Institutions either for free or for an annual fee, in addition to the Public Access Service provided under Section 4.8(a)(i) (Free Public Access Service).

Be aware that this settlement has not yet been approved by the courts, so at this time, this is preliminary information.

[Settlement Agreement]

[AAP Statements]
[Authors Guild Statements
[Google Statements

[from Chronicle of Higher Education]

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