Category Archives: Section 3.10

S 03.10

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Specific Prohibitions.

Also posted in Article 03, Settlement | Comments closed

S 03.10.1

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(a) Prohibitions on Display. Except as expressly permitted by this Amended Settlement Agreement or otherwise by Registered Rightsholders or the Registry ,for unclaimed works, by the Unclaimed Works Fiduciary, Google shall not (i) display any Expression from Books or Inserts; (ii) display any Expression from Books or Inserts in a manner that would constitute a derivative work of such Books or Inserts under the Copyright Act; or (iii) display summaries or abstracts of, or compilations from, Books or Inserts created using Digital Copies.

Also posted in Article 03, Section 3.10(a), Settlement | Comments closed

S 03.10.2

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(b) Prohibitions on Linking. Except as expressly permitted by this Amended Settlement Agreement or otherwise by Registered Rightsholders or, for unclaimed Books, by the Unclaimed Works Fiduciary, Rightsholders or the Registry, Google shall not create hyperlinks to Preview Use Book pages permitted by the terms of this Amended Settlement Agreement from revenue generating products or services if the effect of those links in the aggregate is to detract from revenue under this Amended Settlement Agreement that the Rightsholder(s) of such Book(s) would realize if the links did not exist, unless such services or products (i) are search services (including, for example, Google Web Search, Google Earth and other Google services that show search results by browsing instead of by entering a search query), or (ii) have the effect of making discovery of Books easier, more efficient, more widespread, or more useful. If Plaintiffs or any Rightsholders believe that this Section 3.10(b) (Prohibitions on Linking) has been violated, as Plaintiffs’ and Rightsholders’ sole remedy and Google’s sole obligation, the Registry will notify Google of the existence of such links and if it is agreed or an Arbitrator, pursuant to Article IX (Dispute Resolution), determines that this Section 3.10(b) (Prohibitions on Linking) has been violated, Google will expeditiously remove said links or come to a separate agreement with the Registry to permit them.

Also posted in Article 03, Section 3.10(b), Settlement | Comments closed

S 03.10.3

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(c) Integrity of the Text.

Also posted in Article 03, Section 3.10(c), Settlement | Comments closed

S 03.10.3.1

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(i) No Alteration of Text. Except as expressly authorized by the Registered Rightsholder or the Registry, for unclaimed works, by the Unclaimed Works Fiduciary, or in this Amended Settlement Agreement, Google may not intentionally alter the text of a Book or Insert when displayed to users. Changes in the formatting or presentation of text are not considered to be alteration of the text, e.g., for the Accommodated Service.

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(i), Settlement | Comments closed

S 03.10.3.2

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(ii) Hyperlinks and Book Annotations. Except as expressly authorized by the Registered Rightsholder or the Registry , for unclaimed Books, by the Unclaimed Works Fiduciary, Google may not add hyperlinks to any content within a page of a Book or facilitate the sharing of Book Annotations, except that Google may:

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(ii), Settlement | Comments closed

S 03.10.3.2.1

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(1) add hyperlinks within the Book for specific internal references from text contained within the Book to other sections of the Book, such as from a table of contents entry to the referenced page, from a page number in the index to the page, or from internal references in the Book to footnotes, endnotes, bibliographical material, appendices, figures, and illustrations,

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(1), Settlement | Comments closed

S 03.10.3.2.2

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(2) add a hyperlink from an explicit reference in the Book to an online version of an external source cited in a footnote, endnote, or bibliographical material,

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(2), Settlement | Comments closed

S 03.10.3.2.3

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(3) add a hyperlink to a URL that the Rightsholder included in a Book,

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(3), Settlement | Comments closed

S 03.10.3.2.4

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(4) temporarily highlight or otherwise emphasize words in response to a user’s action, so long as such highlight or emphasis appears only on the user’s monitor and/or on a page printed by such user, and

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(4), Settlement | Comments closed

S 03.10.3.2.5

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(5) Subject to the Rightsholder’s right to exclude its Books from the Book Annotation sharing feature, allow a user to make Book Annotations for the user’s own personal use and to share those Book Annotations with a limited number of other users, provided that the feature that enables Book Annotations within Google Products and Services is subject to the following limitations:

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(5), Settlement | Comments closed

S 03.10.3.2.5.1

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a) Book Annotations may not be shared with the general public, and

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(5), Section 3.10(c)(ii)(5)(a), Settlement | Comments closed

S 03.10.3.2.5.2

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b) Book Annotations may not be accessible to any user pressly chosen to access it either by active selection or by participation in a group such as a class for which this feature is used, and

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(5), Section 3.10(c)(ii)(5)(b), Settlement | Comments closed

S 03.10.3.2.5.3

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c) Book Annotations may not be displayed with the Book for other users who do not already have the right to view the Book, and

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(5), Section 3.10(c)(ii)(5)(c), Settlement | Comments closed

S 03.10.3.2.5.4

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d) for sharing of a Book Annotation in connection with chase, the user may only share such Book Annotation with no more than twenty-five (25) individuals and the user must identify (e.g., by name, login or user id) each individual with whom such Book Annotation will be shared, and

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(5), Section 3.10(c)(ii)(5)(d), Settlement | Comments closed

S 03.10.3.2.5.5

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e) for sharing of a Book Annotation as part of an Institutional Subscription, the user may only share such Book Annotation with the following other users of such Institutional Subscription: instructors and students in a single academic course sharing such Book Annotation in connection with such course during an academic year or with students of the same course during a subsequent academic year, and employees of the subscriber of the Institutional Subscription sharing such Book Annotation in connection with a discrete work project during the course of that project.

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(5), Section 3.10(c)(ii)(5)(e), Settlement | Comments closed

S 03.10.3.3

One response to “S 03.10.3.3”

  1. Gillian Spraggs says:

    A rights-holder may exclude works from advertising uses, as stated above but I can find no provision for a rights-holder to state objections to certain kinds of advertisement.

    It was reported last November that Google Adsense served anti-gay marriage ads to a large number of gay websites. In May this year Google’s subsidiary Doubleclick (apparently) served an anti-gay marriage ad to at least one journal on LiveJournal.

    There is nothing in the Settlement Agreement to prevent Google from serving similar ads against, say, novels by James Baldwin or poems by Adrienne Rich.

    Endless similar examples might be imagined.

(iii) Advertising Content. Google may not place on, behind or over the contents of a Book or portion thereof (including on Preview Use pages or Snippet Display pages), as displayed to a user, any pop-up, pop-under, or any other types of advertisements or content of any kind. In addition to a Rightsholder’s right to exclude one or more of his, her or its Books from Advertising Uses pursuant to Section 3.5(b)(i) (Right to Exclude), the Registry is authorized to act on behalf of Rightsholders that are not Registered Rightsholders to Unclaimed Works Fiduciary may exclude from Advertising Uses one or more Unclaimed Books of such Rightsholders if Google displays animated, audio or video advertisements in conjunction with those Books and the Registry determines that exclusion from such Advertising Uses is in the best interests of such Rightsholders. of such unclaimed Books.

Also posted in Article 03, Section 3.10(c), Section 3.10(c)(iii), Settlement | Comments closed