Google Book settlement Important update 

Background

In February 2009 CAL (Copyright Agency Limited) 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 rights holder 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. Further nformation, including the full Settlement agreement, can be located at the Google Book Settlement website.

When public comment on the Settlement was invited during 2009, a number of foreign rights holder 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.   

Changes in the Amended Settlement

The most significant change for Australian rights holders 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 rights holders 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.  The key dates are 28 January 2010 (to opt out) and not have the books digitised or 31 March 2011 to claim a one off cash payment.

Further information is contained on the websites below:

Google Book Settlement official website www.googlebooksettlement.com

Copyright Agency Limited website:

http://www.copyright.com.au/Latest_News/Google_book_settlement_1.aspx

Australian Publishers Association website www.publishers.asn.au

Australian Society of Authors website www.asauthors.org