Category Archives: Section 03.1

S 03.01

2 responses to “S 03.01”

  1. Gillian Spraggs says:

    ‘The authorizations to use Books and Inserts provided for by this Settlement Agreement’

    From whom, or what, does the authorization come? From the court?

  2. Yes, from the court. Or, to be more precise, from the copyright owners, as part of a settlement agreement entered by the court.

Digitization, Identification and Use of Books.

Also posted in Article 03, Settlement | Comments closed

S 03.01.1

3 responses to “S 03.01.1”

  1. Copyright law distinguishes nonexclusive licenses from transfers of ownership; the settlement makes clear that this is the former. Google does not take ownership of any copyrights

  2. In the case of orphan works, the authorization may well be effectively exclusive, since no one else will be able to obtain a license. But as a matter of formal copyright law, it’s nonexclusive.

  3. Gillian Spraggs says:

    ‘The authorizations to use Books and Inserts provided for by this Settlement Agreement’

    From whom, or what, does the authorization come? From the court?

    (Sorry to have posted this twice. I mistakenly clicked on the wrong link the first time.)

(a) Non-Exclusive Digitization Rights. As of the Effective Date, in the United States (i) Google may, on a non-exclusive basis, Digitize all Books and Inserts obtained by Google from any source (whether obtained before or after the Effective Date), (ii) Library-Registry (Fully Participating) Agreements may provide Books and Inserts to Google in hard copy (not including microform) format to be Digitized (or in a form Digitized by or for such Fully Participating Library or Cooperating Library), and (iii) Google and Fully Participating Libraries may use such Books and Inserts as provided in this Amended Settlement Agreement and the Library-Registry (Fully Participating) Agreements. The authorizations to use Books and Inserts provided for by this Amended Settlement Agreement or a Library-Registry Agreement are not transfers of copyright ownership to such Books or Inserts, and nothing in this Amended Settlement Agreement or a Library-Registry Agreement shall operate to transfer any copyright ownership in Books or Inserts. The foregoing authorization for Google to Digitize Books and Inserts includes authorization of Google’s contractors to Digitize Books and Inserts for Google, including libraries that may Digitize Books and Inserts, or portions thereof, at Google’s request.

Also posted in Article 03, Section 03.1(a), Settlement | Comments closed

S 03.01.2

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(b) Identification of Digitized Books and Government Works.

Also posted in Article 03, Section 03.1(b), Settlement | Comments closed

S 03.01.2.1

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(i) List of Digitized Books and Government Works. As of the Notice Commencement Date, and upon Plaintiffs’ request, Google will provide Google has previously provided Plaintiffs, in a form mutually agreed, with a list of the Books, Public Domain Books with a copyright date after 1922 and Government Works that Google has Digitized as of the Notice Commencement Date January 5, 2009 and the date each Book, Public Domain Book with a copyright date after 1922 or Government Work was Digitized by Google, and a separate list of all Books, Public Domain Books with a copyright date after 1922 and Government Works that Google reasonably anticipates anticipated it will Digitize on or before the Opt-Out Deadline, in each case, to the extent that Google is permitted to do so under then-existing contracts with Metadata providers. Google and Plaintiffs will cooperate to obtain such Metadata providers’ permission for Google to provide Plaintiffs with such lists; provided, however, that the Registry shall be responsible for payment of any additional license fees to the extent required by such providers. Further, as soon as practicable, Google will provide Plaintiffs, in a form mutually agreed, would Digitize on or before May 5, 2009. On November 2, 2009, Google provided Plaintiffs with a final list of all Books, Public Domain Books with a copyright date after 1922 and Government Works that Google Digitized on or before the Opt-Out Deadline. May 5, 2009.

Also posted in Article 03, Section 03.1(b), Section 03.1(b)(i), Settlement | Comments closed

S 03.01.2.2

One response to “S 03.01.2.2”

  1. This database is to be made available to the “Settlement Class,” not to the public at large. But the class of book copyright owners is so immense that the difference may not matter.

(ii) Books Database. As of the Notice Commencement Date, Google, with or through the Registry, will make Google has made a searchable online database available to members of the Amended Settlement Class through the Internet (1) for the purpose of identifying all Books, Public Domain Books with a copyright date after 1922 and Government Works that Google has Digitized or reasonably anticipates that it might Digitize under this Amended Settlement Agreement, and (2) for purposes of Article V (Other Settlement Benefits), identifying whether such Books, Public Domain Books with a copyright date after 1922 or Government Works have been Digitized as of the Notice Commencement Date or Google reasonably anticipates that it might Digitize such Books, Public Domain Books or Government Works prior to the Opt-Out Deadline. on or before May 5, 2009. Such database shall be referred to in this Amended Settlement Agreement as the “Books Database.” The Books Database will support supports queries by author, title, publisher, ISBN, and date of publication. The inclusion of a work within the Books Database does not, in and of itself, mean that the work is a Book within the meaning of Section 1.19 (Book).

Also posted in Article 03, Section 03.1(b), Section 03.1(b)(ii), Settlement | Comments closed

S 03.01.2.3

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(iii) Books. Google will also allow members of the Amended Settlement Class to submit bibliographic information (e.g., title, author, and publication date) for Books not in the Books Database.

Also posted in Article 03, Section 03.1(b), Section 03.1(b)(iii), Settlement | Comments closed

S 03.01.2.4

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(iv) Inserts.

Also posted in Article 03, Section 03.1(b), Section 3.1(b)(iv), Settlement | Comments closed

S 03.01.2.4.1

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(1) Submission. The Books Database will allow each member of the Amended Settlement Class to submit identifying information regarding his, her or its Inserts, such as the Books, Public Domain Books with a copyright date after 1922 or Government Works in which such Inserts were published, the location of such Inserts within Books, Public Domain Books with a copyright date after 1922 or Government Works and any other identifying information about such Inserts (e.g., whether the Insert is an introduction, a foreword, etc.).

Also posted in Article 03, Section 03.1(b), Section 3.1(b)(iv), Section 3.1(b)(iv)(1), Settlement | Comments closed

S 03.01.2.4.2

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(2) Insert Identification. For content that may be an Insert, the Books Database will allow any Person who might be a member of the Amended Settlement Class to submit a digital copy of his, her or its content that may be an Insert or to otherwise identify such content that may be an Insert, and Google will perform searches to identify Books, Public Domain Books with a copyright date after 1922 or Government Works, if any, that contain such submitted content. If Google identifies any Books, Public Domain Books with a copyright date after 1922 or Government Works that may contain such submitted content, Google will notify such Person of such Books, Public Domain Books with a copyright date after 1922 or Government Works in order to enable him, her or it to determine whether the submitted content is an Insert in such Books, Public Domain Books with a copyright date after 1922 or Government Works and the pages on which such content appears. Google shall have no liability for failure to identify an Insert under this Section 3.1(b)(iv)(2) (Insert Identification).

Also posted in Article 03, Section 03.1(b), Section 3.1(b)(iv), Section 3.1(b)(iv)(2), Settlement | Comments closed