October 29, 2008

The future arrived yesterday

by

It’s been a long, hard-fought battle in a terrain that’s new and alien to all concerned, but yesterday, Google Inc. agreed to pay $125 million to settle two different copyright lawsuits brought against it by authors and publishers over the company’s ongoing scanning of books in its Google Books project. The settlement — which you can review here, at the website of the Association of American Publishers, one of the main litigants in the case — “will use $34.5 million of the settlement fund to create a registry program to compensate rights holders,” while “another $45 million will be used to compensate authors whose works have already been scanned without permission,” according to a report on Bloomberg News by Eric Larson. “If an author does not want his or her book to be included in the program, they can absolutely opt out,” says Google’s chief legal officer David Drummond. The settlement is a “clear victory for copyright owners,” says one commentator. It “brings books and printed matter into the 21st century,” says another. In a Wall Street Journal report by Jeffrey Trachtenberg, AAP co-chairman Richard Sarnoff says, “What this does is breathe new life into millions of books without jeopardizing rights holders.” The deal is still pending final approval from a federal judge.

Dennis Johnson is the founder of MobyLives, and the co-founder and co-publisher of Melville House.

  • http://www.vestige.org August

    I’m curious as to what this means for international rights. So you published a book in the US, great, but Google Books isn’t limit to US access. (And are all the books Google is scanning published in the US? I know that many libraries and other stakeholder or whatever you’d like to call them hold books in their collections there were imported; does this settlement protect the rights of those authors/publishers in any way?)

    The opt-out approach still bothers me; Google’s old argument (and I haven’t been following this closely enough to know if they’ve continue to put it forward) that it’s too costly and difficult to do copyright checks on everything they scan is specious. Though I am in no way an authorized spokesman for the Internet Archive, I do work at one of their scanning centres, and I can tell you that it’s actually quite easy to do copyright checks, as every single book we scan is checked first to determine if we can scan it or not.

    I may be missing something, though. I don’t read legalize very well.

  • http://www.vestige.org August

    I’m curious as to what this means for international rights. So you published a book in the US, great, but Google Books isn’t limit to US access. (And are all the books Google is scanning published in the US? I know that many libraries and other stakeholder or whatever you’d like to call them hold books in their collections there were imported; does this settlement protect the rights of those authors/publishers in any way?)

    The opt-out approach still bothers me; Google’s old argument (and I haven’t been following this closely enough to know if they’ve continue to put it forward) that it’s too costly and difficult to do copyright checks on everything they scan is specious. Though I am in no way an authorized spokesman for the Internet Archive, I do work at one of their scanning centres, and I can tell you that it’s actually quite easy to do copyright checks, as every single book we scan is checked first to determine if we can scan it or not.

    I may be missing something, though. I don’t read legalize very well.

  • http://ejmckennablog.blogspot.com/ Ebony McKenna

    G’day Dennis,
    Huge story, huge consequences too.
    By the way, good to see MobyLives on the interwebs again!

    Cheers,
    Ebony

  • http://ejmckennablog.blogspot.com/ Ebony McKenna

    G’day Dennis,
    Huge story, huge consequences too.
    By the way, good to see MobyLives on the interwebs again!

    Cheers,
    Ebony