Category Archives: Section 4.8

S 04.8

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Public Access Service.

Also posted in Article 04, Settlement | Comments closed

S 04.8.1

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(a) Public Access Service.

Also posted in Article 04, Section 4.8(a), Settlement | Comments closed

S 04.8.1.1

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(i) Free Public Access Service. Google may provide the Public Access Service to each not-for-profit Higher Education Institution and Public Library that so requests at no charge (and without any payment to the Rightsholders, through the Registry or otherwise (other than as set forth in Section 4.8(a)(ii) (Printing)) as follows:

Also posted in Article 04, Section 4.8(a), Section 4.8(a)(i), Settlement | Comments closed

S 04.8.1.1.1

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(1) in the case of not-for-profit Higher Education Institutions that do not qualify as Associate’s Colleges pursuant to the Carnegie Classification of Institutions of Higher Education, one computer terminal for every ten thousand (10,000) Full-Time Equivalency (i.e., full-time equivalent students) at each such institution (which computer terminal may change from time to time);

Also posted in Article 04, Section 4.8(a), Section 4.8(a)(i), Section 4.8(a)(i)(1), Settlement | Comments closed

S 04.8.1.1.2

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(2) in the case of not-for-profit Higher Education Institutions that qualify as Associate’s Colleges pursuant to the Carnegie Classification of Institutions of Higher Education, one computer terminal for every four thousand (4,000) Full-Time Equivalency (i.e., full-time equivalent students) at each such institution (which computer terminal may change from time to time); and

Also posted in Article 04, Section 4.8(a), Section 4.8(a)(i), Section 4.8(a)(i)(2), Settlement | Comments closed

S 04.8.1.1.3

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(3) in the case of each Public Library, no more than one terminal per Library Building.; provided, however, that the Registry may authorize one or more additional terminals in any Library Building under such further conditions at it may establish, acting in its sole discretion and in furtherance of the interests of all Rightsholders.

Also posted in Article 04, Section 4.8(a), Section 4.8(a)(i), Section 4.8(a)(i)(3), Settlement | Comments closed

S 04.8.1.2

One response to “S 04.8.1.2”

  1. […] Section 4.8(a)(ii) marks a radical change in the relationship between libraries and rights holders. Thanks to Section 108 of the Copyright Act, libraries are not responsible for royalties that may be required as a product of patron copying. As long as the library posts the proper notices and has no knowledge that violations are occurring, it also has no liability for potentially infringing acts by users. The Google Books Settlement overturns almost 75 years of law and practice and makes the library (or possibly Google, if it acts as an agent for the library) an active monitor of what its patrons choose to reproduce. And if the Books Rights Registry can demand this, other vendors will start requiring it as well. I imagine that in 10 years, every license agreement that libraries sign will stipulate a royalty for user printing, and mandatory licenses for photocopying may not be far behind. […]

(ii) Printing. Google shall design the Public Access Service to enable users at a not-for-profit Higher Education Institution to print pages from Display Books for a per-page fee, and to enable users at a Public Library to print pages from Display Books for a per-page fee to the extent that such Public Library offers per-page printing services for a fee for other products and services. The Registry shall set a reasonable fee for such printing. Google shall collect all such printing fees and shall pay them to the Registry in accordance with the Standard Revenue Split for Purchases.

Also posted in Article 04, Section 4.8(a), Section 4.8(a)(ii), Settlement | Comments closed

S 04.8.1.3

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(iii) Additional Public Access Service. The Registry and Google may agree that Google may make available the Public Access Service to one or more Public Libraries or not-for-profit Higher Education Institutions either for free or for an annual fee, in addition to the Public Access Service provided under Section 4.8(a)(i) (Free Public Access Service).

Also posted in Article 04, Section 4.8(a), Section 4.8(a)(iii), Settlement | Comments closed

S 04.8.2

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(b) Commercial Public Access Service. The Registry and Google may agree to make a commercial public access service available to copy shops and other entities for an annual fee per concurrent user and a fee per printed page.

Also posted in Article 04, Section 4.8(b), Settlement | Comments closed