Category Archives: Section 4.5

S 04.5

2 responses to “S 04.5”

  1. jamie says:

    I am bit confused about the revenue splits. I see a lot of 63/37 on blogs, and yet this document seems to be all 70/30.

  2. Net Advertising Revenues and Net Purchase Revenues are both defined to be “less ten percent (10%) for Google’s operating costs.” So it’s a 70/30 split, but Google takes another 10% of the 70%, which comes out to 63/37.

Standard Revenue Splits and Discounting.

Also posted in Article 04, Settlement | Comments closed

S 04.5.1

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(a) Obligation to Pay Revenue Share.

Also posted in Article 04, Section 4.5(a), Settlement | Comments closed

S 04.5.1.1

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(i) Net Purchase Revenues. Google shall pay to the Registry, onbehalf of the Rightsholders, the Standard Revenue Split for Purchases. The“Standard Revenue Split for Purchases,” paid by Google to Rightsholders, through the Registry, is seventy percent (70%) of Net Purchase Revenues.

Also posted in Article 04, Section 4.5(a), Section 4.5(a)(i), Settlement | Comments closed

S 04.5.1.2

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(ii) Net Advertising Revenues. Google shall pay to the Registry, on behalf of the Rightsholders, the Standard Revenue Split for Advertising. The“Standard Revenue Split for Advertising,” paid by Google to Rightsholders,through the Registry, is seventy percent (70%) of Net Advertising Revenues.

Also posted in Article 04, Section 4.5(a), Section 4.5(a)(ii), Settlement | Comments closed

S 04.5.1.3

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(iii) Agreed Revenue Splits. Notwithstanding clauses (i) and (ii) above, for any Revenue Model(s) for any Book(s) classified as Commercially Available, Google and the Rightsholder(s) of such Book(s) each has the right to request that the other negotiate a revenue split different from the Standard Revenue Split for Advertising and the Standard Revenue Split for Purchases (together, the “Standard Revenue Splits”). If Google or a Rightsholder requests that the revenue split be negotiated for any Revenue Model(s) and Google and the Rightsholder are unable to agree on a revenue split different from the Standard Revenue Splits for such Revenue Model(s), then such Standard Revenue Splits (or the then applicable previously negotiated and agreed revenue split, if any) shall apply to such Books for that Revenue Model(s); provided that Google may choose not to make such Books available through such Revenue Model(s) as permitted under Section 3.7(e) (Google’s Exclusion of Books)) and the Rightsholder may choose to exclude its Book(s) from such Revenue Model(s) pursuant to Section 3.5(b) (Right to Exclude from Display Uses and Revenue Models). If Google and such Rightsholder(s) agree to a revenue split, then beginning within sixty (60) days after the date of such agreement, any calculations in Section 4.5(b) (Discounting, Special Offers and Subsidies) and any payments in Section 4.6 (Payment Terms) shall be based on such agreed revenue split rather than the Standard Revenue Splits. Google or the Rightsholder(s) shall notify the Registry of any agreed revenue split, the date of agreement to such revenue split, and the Books to which it applies. The Registry may not disclose information about any agreed revenue split with any Rightsholder (other than any other Rightsholder(s) of the Book(s) to which such agreed revenue split applies) unless such information is otherwise publicly available. Once a Book is classified as not Commercially Available, the Standard Revenue Splits shall apply beginning no later than sixty (60) days after such reclassification, notwithstanding any prior agreed revenue split between Google and a Rightsholder.

Also posted in Article 04, Section 4.5(a), Section 4.5(a)(iii), Settlement | Comments closed

S 04.5.2

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(b) Discounting, Special Offers and Subsidies.

Also posted in Article 04, Section 4.5(b), Settlement | Comments closed

S 04.5.2.1

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(i) Temporary Discounts. Google may providetemporary discounts off the List Prices at its sole discretion. If Google elects to provide such discounts, the Standard Revenue Split for Purchases paid to the Registry for the benefit of the Rightsholders will be based on the List Prices, unless otherwise set forth in this Section 4.5(b) (Discounting, Special Offers and Subsidies) or unless otherwise agreed by Google and the Registry.

Also posted in Article 04, Section 4.5(b), Section 4.5(b)(i), Settlement | Comments closed

S 04.5.2.2

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(ii) Consumer Purchases. The Registry may authorize Google to make special offers of Books available through Consumer Purchases at discounts of up to forty percent (40%) offreduced prices from the List Price Prices, subject to notification of such discountreduced price to the Registered Rightsholders (for his, her or its claimed Books) or the Unclaimed Works Fiduciary (for unclaimed Books) of the Book, with an opportunity for any such Rightsholder not to approve such discountreduced price. If Google sells Books at such a discountedreduced price, the Standard Revenue Split for Purchases or a revenue split agreed pursuant to Section 4.5(a)(iii) (Agreed Revenue Splits) will be based on such discountedreduced price.

Also posted in Article 04, Section 4.5(b), Section 4.5(b)(ii), Settlement | Comments closed

S 04.5.2.3

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(iii) Use of Intermediaries for Institutional Subscription Sales Generally. Google may offer a discount of up to ten percent (10%) off the List Prices for Institutional Subscriptions for any Institutional Subscriptions sold through intermediaries.

Also posted in Article 04, Section 4.5(b), Section 4.5(b)(iii), Settlement | Comments closed

S 04.5.2.4

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(iv) Sales of Institutional Subscriptions through Institutional Consortia. Approved discounts, if any, that Google is authorized to offer to an Institutional Consortium or its members will be included as part of the Pricing Strategy. Additional discounts will require Registry approval. Unless otherwise agreed upon by the Registry, Google is only authorized to offer discounts to Institutional Consortia if members of the Institutional Consortium purchase Institutional Subscriptions for at least seventy percent (70%) of the FTEs (i.e., full-time equivalent students) of the members of the Institutional Consortium. For purposes of this Section 4.5(b)(iv) (Sales of Institutional Subscriptions through Institutional Consortia), absent agreement of the Registry, Google may not offer such discount to any Institutional Consortium (or its members) that was not a member of the International Coalition of Library Consortia as of the date on which the then-current Pricing Strategy became effective and that was formed for the primary purpose of entering into an Institutional Subscription agreement with Google. Google will notify the Registry no less than thirty (30) days prior to entering into an Institutional Subscription agreement, with an approved Institutional Consortium discount, with an Institutional Consortium (or its members) that was not a member of the International Coalition of Library Consortia as of the date on which the then-current Pricing Strategy became effective.

Also posted in Article 04, Section 4.5(b), Section 4.5(b)(iv), Settlement | Comments closed

S 04.5.2.5

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(v) Sale of Consumer Purchases through Affiliate Programs and Resellers.

Also posted in Article 04, Section 4.5(b), Section 4.5(b)(v), Settlement | Comments closed

S 04.5.2.5.1

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(1)(v) Sale of Consumer Purchases through Affiliate Programs. With respect to sales of Books through Consumer Purchase through an Affiliate Program, Google may deduct from the money otherwise owed to the Registry for the benefit of the Rightsholders from such sale pursuant to Section 4.5(a)(i) (Net Purchase Revenues), up to three and three-quarters percent (3.75%) of the List Price as compensation actually paid through the Affiliate Program; provided, however, that such deduction will be made only to the extent and in an amount equal to one-half (1/2) the compensation actually paid by Google through the Affiliate Program. “Affiliate Program” means a program by which Google authorizes third parties to link their websites to Google Products and Services using specially formatted links and pays such third parties referral fees for sales of Books through Consumer Purchase to users referred to Google through such links.

Also posted in Article 04, Section 4.5(b), Section 4.5(b)(v), Settlement | Comments closed

S 04.5.2.5.2

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(2) Resellers. To the extent that Google makes Books available through Consumer Purchases pursuant to this Amended Settlement Agreement, Google will allow resellers to sell access to such Books to their end users. Google will be responsible for hosting and serving the Digital Copies of such Books, and will be responsible for the security of such Digital Copies in accordance with Article VIII (Security and Breach). Google will permit the reseller of a Book to retain a majority of Google’s share of Net Purchase Revenues from Consumer Purchases through such reseller.

Also posted in Article 04, Section 4.5(b), Section 4.5(b)(v), Section 4.5(b)(v)(2), Settlement | Comments closed

S 04.5.2.6

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(vi) Subsidies for Fully Participating Libraries and Cooperating Libraries. Google may subsidize the purchase of Institutional Subscriptions by Fully Participating Libraries and Cooperating Libraries and the amount paid to the Registry, on behalf of Rightsholder, will be as if no such subsidy had been provided.

Also posted in Article 04, Section 4.5(b), Section 4.5(b)(vi), Settlement | Comments closed

S 04.5.2.7

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(vii) Rightsholders’ Consumer Subscription Discount. If and at such time as a Consumer Subscription is available from Google pursuant to Section 4.7(dc) (Consumer Subscription Models), individual Rightsholders may, at the Registry’s discretion, be offered a discount off of the price for such Consumer Subscription, which discount is subject to the approval of Google and the Registry.

Also posted in Article 04, Section 4.5(b), Section 4.5(b)(vii), Settlement | Comments closed

S 04.5.3

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(c) Sales and Other Taxes. In all cases, Net Purchase Revenues and Net Advertising Revenues shall not include sales or other government charges or taxes. Google shall charge any applicable sales or other government charges or taxes in addition to the List Price or any other price authorized pursuant to this Amended Settlement Agreement.

Also posted in Article 04, Section 4.5(c), Settlement | Comments closed