Category Archives: Article 06

S 06

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ARTICLE 6 – ESTABLISHMENT AND CHARTER OF REGISTRY

Also posted in Settlement | Comments closed

S 06.1

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Functions. Before the Effective Date, Plaintiffs will establish a registry that:

Also posted in Section 6.1, Settlement | Comments closed

S 06.1.1

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(a) is authorized to act on behalf of Rightsholders as set forth in this Amended Settlement Agreement,

Also posted in Section 6.1, Section 6.1(a), Settlement | Comments closed

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(b) will own and maintain a rights information database for Books and Inserts and their authors and publishers,

Also posted in Section 6.1, Section 6.1(b), Settlement | Comments closed

S 06.1.3

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(c) will attempt, from its inception, use commercially reasonable efforts to locate Rightsholders with respect toof Books and Inserts,

Also posted in Section 6.1, Section 6.1(c), Settlement | Comments closed

S 06.1.4

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(d) will, on behalf of Rightsholders, receive payments from Google under this Amended Settlement Agreement and distribute those payments to Registered Rightsholders in accordance with this Amended Settlement Agreement, the Plan of Allocation and the Author-Publisher Procedures,

Also posted in Section 6.1, Section 6.1(d), Settlement | Comments closed

S 06.1.5

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(e) will assist in the resolution of disputes between Rightsholders, and

Also posted in Section 6.1, Section 6.1(e), Settlement | Comments closed

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(f) will have such other responsibilities (i) as are set forth in this Settlement Agreement and (ii) as the Charter may permit or as the Board of Directors of the Registry may determine are consistent with the Registry’s functions and are not inconsistent with this Settlement Agreement.

Also posted in Section 6.1, Section 6.1(f), Settlement | Comments closed

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(g)(f) will have such other responsibilities (i) as are set forth in this Amended Settlement Agreement and (ii) as the Charter may permit or as the Board of Directors of the Registry may determine are consistent with the Registry’s functions and are not inconsistent with this Amended Settlement Agreement.

Also posted in Section 6.1, Section 6.1(g), Settlement | Comments closed

S 06.2

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Charter.

Also posted in Section 6.2, Settlement | Comments closed

S 06.2.1

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(a) Not-For-Profit Entity. The Registry will be organized and operated as a not-for-profit entity, and all funds received by the Registry under this Amended Settlement Agreement will be for the exclusive direct or indirect benefit of the Rightsholders, subject to the restrictions herein.

Also posted in Section 6.2, Section 6.2(a), Settlement | Comments closed

S 06.2.2

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(b) Organizational Structure. The Registry will be organized on a basis that allows the Registry, among other things, to (i) represent the interests of Rightsholders in connection with this Settlement Agreement, (ii) respond in a timely manner to requests by Google, Fully Participating Libraries and Cooperating Libraries, and (iii) to the extent permitted by law, license RightsholdersU.S. copyrights to third parties. The Registry will have equal representation of the Author Sub-Class and the Publisher Sub-Class on its Board of Directors, with each act of the Board requiring a majority of the directors, with such majority including at least one director who is a representative of the Author Sub-Class and one director who is a representative of the Publisher Sub-Class. The Charter will also direct the Registry to follow the guidelines in this Settlement Agreement regarding Unclaimed Funds and Public Domain Funds described in Section 6.3 (Unclaimed Funds and Public Domain Funds). In addition, the Charter will prohibit the Registry from coordinating Rightsholders for purposes of representing them as a sub-group regarding any matter under this Settlement Agreement, or working with any sub-group of Rightsholders to exclude their Books from Display Uses or Non-Display Uses, or to advocate that any sub-group of Rightsholders decrease its participation in the Settlement in any manner. Notwithstanding the foregoing, nothing herein shall limit or restrict the Registry from being able to represent the interests of all Author Sub-Class members as a sub-group or all Publisher Sub-Class members as a sub-group.

Also posted in Section 6.2, Section 6.2(b), Settlement | Comments closed

S 06.2.2.1

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(i) General. The Registry will be organized on a basis that allows the Registry, among other things, to (i) represent the interests of Rightsholders in connection with this Amended Settlement Agreement, (ii) respond in a timely manner to requests by Google, Fully Participating Libraries and Cooperating Libraries, and (iii) to the extent permitted by law, license RightsholdersU.S. copyrights to third parties (in the case of unclaimed Books and Inserts, the Unclaimed Works Fiduciary may license to third parties the Copyright Interests of Rightsholders of unclaimed Books and Inserts to the extent permitted by law).

Also posted in Section 6.2, Section 6.2(b), Section 6.2(b)(i), Settlement | Comments closed

S 06.2.2.2

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(ii) Board of Directors The Registry will have equal representation of the Author Sub-Class and the Publisher Sub-Class on its Board of Directors, with each act of the Board requiring a majority of the directors, with such majority including at least one director who is a representative of the Author Sub-Class and one director who is a representative of the Publisher Sub-Class. The Board of Directors will have at least one representative of the Author Sub-Class from each of the following countries: the United States, Canada, the United Kingdom and Australia; and at least one representative of the Publisher Sub-Class from each of the following countries: the United States, Canada, the United Kingdom and Australia.

Also posted in Section 6.2, Section 6.2(b), Section 6.2(b)(ii), Settlement | Comments closed

S 06.2.2.3

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(iii) Unclaimed Works Fiduciary. The Charter will provide that the Registry’s power to act with respect to the exploitation of unclaimed Books and Inserts under the Amended Settlement will be delegated to an independent fiduciary (the “Unclaimed Works Fiduciary”) as set forth in Sections 3.2(e)(i) (Change Requests by Rightsholders), 3.10 (Specific Prohibitions), 4.2(c)(i) (Pricing Bins), 4.3 (Preview Uses), 4.5(b)(ii) (Consumer Purchases), 4.7 (Additional Revenue Models), 6.2 (Charter), and 6.3 (Unclaimed Funds and Public Domain Funds) of the Amended Settlement Agreement and Sections 3.2 and 3.3 (Procedures for Changing Classification of a Book) of the Author-Publisher Procedures, and otherwise as the Board of Directors of the Registry deems appropriate. The Unclaimed Works Fiduciary will be a person or entity that is not a published book author or book publisher (or an officer, director or employee of a book publisher). The Unclaimed Works Fiduciary (and any successor) will be chosen by a supermajority vote of the Board of Directors of the Registry and will be subject to Court approval.

Also posted in Section 6.2, Section 6.2(b), Section 6.2(b)(iii), Settlement | Comments closed

S 06.2.2.4

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(iv) Unclaimed Funds and Public Domain Funds. The Charter will also direct the Registry to follow the guidelines in this Amended Settlement Agreement regarding Unclaimed Funds and Public Domain Funds described in Section 6.3 (Unclaimed Funds and Public Domain Funds). The Registry will use funds from the Settlement, as well as Unclaimed Funds as described in Section 6.3 (Unclaimed Funds and Public Domain Funds), to attempt to locate Rightsholders of unclaimed Books and Inserts.

Also posted in Section 6.2, Section 6.2(b), Section 6.2(b)(iv), Settlement | Comments closed

S 06.2.2.5

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(v)(b) Organizational Structure.The Registry will be organized on a basis that allows the Registry, among other things, to (i) represent the interests of Rightsholders in connection with this Settlement Agreement, (ii) respond in a timely manner to requests by Google, Fully Participating Libraries and Cooperating Libraries, and (iii) to the extent permitted by law, license Rightsholders’ U.S. copyrights to third parties. The Registry will have equal representation of the Author Sub-Class and the Publisher Sub-Class on its Board of Directors, with each act of the Board requiring a majority of the directors, with such majority including at least one director who is a representative of the Author Sub-Class and one director who is a representative of the Publisher Sub-Class. The Charter will also direct the Registry to follow the guidelines in this Settlement Agreement regarding Unclaimed Funds and Public Domain Funds described in Section 6.3 (Unclaimed Funds and Public Domain Funds)Limitations. In addition, the Charter will prohibit the Registry from coordinating Rightsholders for purposes of representing them as a sub-group regarding any matter under this Amended Settlement Agreement, or working with any sub-group of Rightsholders to exclude their Books from Display Uses or Non-Display Uses, or to advocate that any sub-group of Rightsholders decrease its participation in the Settlement in any manner. Notwithstanding the foregoing, nothing herein shall limit or restrict the Registry from being able to represent the interests of all Author Sub-Class members as a sub-group or all Publisher Sub-Class members as a sub-group.

Also posted in Section 6.2, Section 6.2(b), Settlement | Comments closed

S 06.2.3

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(c) Registry Commitments. The Plaintiffs shall cause the Registry (i) to ratify this Amended Settlement Agreement at the first meeting of its Board of Directors; (ii) to adopt a resolution by which the Registry shall become a signatory to this Amended Settlement Agreement; (iii) to adopt a Certificate of Incorporation and bylaws that implement the requirements of Sections 6.1 (Functions), 6.2 (Charter) and 6.3 (Unclaimed Funds and Public Domain Funds); and (iv) to not take any act inconsistent with its obligations under this Amended Settlement Agreement. Google will have the right to approve such Certificate of Incorporation and bylaws for conformance with the foregoing commitments prior to their filing or adoption (as the case may be), such approval not to be unreasonably withheld or delayed.

Also posted in Section 6.2, Section 6.2(c), Settlement | Comments closed

S 06.3

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Unclaimed Funds and Public Domain Funds.

Also posted in Section 6.3, Settlement | Comments closed

S 06.3.1

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(a) Unclaimed Funds.

Also posted in Section 6.3, Section 6.3(a), Settlement | Comments closed

S 06.3.1.1

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(i) Unclaimed Funds for Unclaimed Books.

Also posted in Section 6.3, Section 6.3(a), Section 6.3(a)(i), Settlement | Comments closed

S 06.3.1.1.1

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(1) Subject to clauses (2) and (3) below, any revenues paid to the Registry and due to Rightsholders of Books that are unclaimed by such Rightsholders under this Amended Settlement Agreement (“Unclaimed Funds”) will be held by the Registry for the benefit of the Rightsholder(s) of such Books until such Rightsholders register and claim such Books.

Also posted in Section 6.3, Section 6.3(a), Section 6.3(a)(i), Section 6.3(a)(i)(1), Settlement | Comments closed

S 06.3.1.1.2

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(2) Beginning with the sixth year after the Effective Date, and every year thereafter, subject to the approval of the Unclaimed Works Fiduciary, the Registry may use up to twenty-five percent (25%) of Unclaimed Funds earned in any one year that have remained unclaimed unclaimed Books in proportion to the Unclaimed Funds that they earned) for the purpose of attempting to locate the Rightsholders of unclaimed Books. The Board of Directors of the Registry, in consultation with the Unclaimed Works Fiduciary, will determine how to use such Unclaimed Funds to attempt to locate the Rightsholders of unclaimed Books, including the use, as appropriate, of national and international licensing and collecting societies, reproduction rights organizations, and associations of authors and publishers.

Also posted in Section 6.3, Section 6.3(a), Section 6.3(a)(i), Section 6.3(a)(i)(2), Settlement | Comments closed

S 06.3.1.1.3

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(3)(i) Unclaimed Funds-Non-Subscription Revenue Models. Any revenues paid to the Registry and due to Rightsholders of Books under Sections 4.2 (Consumer Purchases), 4.4 (Advertising Revenue Model), 4.8(a)(ii) (Printing), and, if agreed, 4.7(a) – (c) (Print on Demand, Custom Publishing and PDF Download, respectively), but that are unclaimed by such Rightsholders within five (5) years of the last date of the reporting period in which the Books earned such revenues (“Unclaimed Funds – Non-Subscription”), will be distributed by the Registry in accordance with the Plan of Allocation as soon as practicable following the end of such five (5)-year period as follows: (1) first, to defray reasonable and necessary operational expenses of the Registry that are related to its performance, on behalf of the Rightsholders, of the functions described in Section 6.1 (Functions) and, as determined by the Board of Directors of the Registry in the exercise of its fiduciary duties, maintain reserves for such expenses on a proportional revenue basis with respect to revenue from licensees of the Registry other than Google, (2) then, any remaining Unclaimed Funds will be paid on a proportional basis to the Registered Rightsholders until all such Rightsholders of a Book have received, in the aggregate, together with all amounts paid to such Rightsholders under Section 4.5(a) (Obligation to Pay Revenue Share), seventy percent (70%) of the Gross Revenues received by Google for such Book, and (3) then, for any Unclaimed Funds remaining thereafter, to not-for-profit entities described in Section 510(c)(3) of the Internal Revenue Code chosen by the RegistryBeginning ten (10) years after the Effective Date, any Unclaimed Funds shall be allocated proportionally to the United States, Canada, the United Kingdom and Australia, based, respectively, on the number of Books registered with the United States Copyright Office (for the United States) and the number of Books published in Canada, the United Kingdom and Australia. Subject to the approval of the Unclaimed United Kingdom and Australia. Subject to the approval of the Unclaimed motion or motions with the Court recommending how Unclaimed Funds held at least ten (10) years should be distributed to literacy-based charities in each such country that directly or indirectly benefit the Rightsholders and the reading public, after consultation with Google and, acting through the Designated Representative, the Fully Participating Libraries and the Cooperating Libraries. The Registry shall choose not-for-profit entities described in Section 501(c)(3) of the Internal Revenue Code that directly or indirectly benefit the Rightsholders and the reading public, and will includecharities will be entities that advance literacy, freedom of expression, and/or education, and are (a) described in Section 501(c)(3) of the Internal Revenue Code (for Unclaimed Funds from Books registered with the United States Copyright Office), (b) organizations qualifying as “Charitable Organizations,” as defined in Section 149.1 of the Income Tax Act of Canada (for Books published in Canada), (c) any body recognized as a charity under the Charities Act 2006, Charities and Trustee Investment (Scotland) Act 2005 or Charities Act (Northern Ireland) 2008 or any legislation replacing or amending such acts (for Books published in the United Kingdom), or (d) charities that are exempt from income tax in Australia (for Books published in Australia) and, for avoidance of doubt, will not include the Authors Guild, the Association of American Publishers or other trade organizations. Gross Revenues” means all of the revenues received by Google from the Revenue Models identified in this Section 6.3(a) (Unclaimed Funds), and only such Revenue ModelsSuch motion or motions will be made with notice to and an opportunity to be heard by the attorneys general of all states in the United States, all Rightsholders whom the Registry will have been able to locate as of that time, and all Fully Participating Libraries and Cooperating Libraries. This Section 6.3(a)(i) (Unclaimed Funds for Unclaimed Books) is subject to Section 17.23 (Court’s Continuing Jurisdiction).

Also posted in Article 0, Section 6.3, Section 6.3(a), Section 6.3(a)(i), Section 6.3(a)(i)(3) | Comments closed

S 06.3.1.2

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(ii) UnclaimedAbandoned Funds-Subscription Revenue Modelsfor Claimed Books. Any revenues paid to the Registry and due to Rightsholders of Books under Section 4.1 (Institutional Subscriptions) and, if agreed, Section 4.7(d) (Consumer Subscription Models), but that are unclaimed by such Rightsholders within (5) years of the last date of the reporting period in which the Books earned such revenues (“Unclaimed Funds-Subscription”), will be distributed by the Registry as soon as practicabledue to Registered Rightsholders of claimed Books will be held by the Registry for the benefit of such Rightsholders until paid to such Rightsholders in accordance with this Amended Settlement Agreement; provided that, any such revenues that are abandoned in accordance with applicable law will be distributed to the appropriate governmental authority in accordance with the Plan of Allocation following the end of such five (5)-year period.applicable law.

Also posted in Section 6.3, Section 6.3(a), Section 6.3(a)(ii), Settlement | Comments closed

S 06.3.2

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(b) Public Domain Funds. Funds that may be mistakenly paid by Google to the Registry for books that are in the public domain under the Copyright Act in the United States (“Public Domain Funds”) will be distributed according to the guidelines set forth in this Section 6.3(b) (Public Domain Funds). If Google pays the Registry Public Domain Funds derived from Institutional Subscriptions or Consumer Subscriptions, then those funds will be distributed on a proportional revenue basis among Registered Rightsholders whose Books are included within each subscription. If Google pays the Registry Public Domain Funds from Consumer Purchases, Advertising Uses, per-page printing fees pursuant to Section 4.8(a)(ii) (Printing), or additional Revenue Models set forth in Sections 4.7(a) – (c) (Print on Demand, Custom Publishing and PDF Download, respectivelyAdditional Revenue Models) (if Google and the Registry agree to implement such Revenue Models) and such funds have not yet been paid to a Registered Rightsholder, then the Registry will return those Public Domain Funds to Google for distribution, at Google’s option, to a not-for-profit entity or to any consumer that may have purchased access to a book that is in the public domain under the Copyright Act in the United States. Google will have no right to reclaim Public Domain Funds for a book that is in the public domain under the Copyright Act in the United States from a Person who claimed he, she or it is a Rightsholder of such book once the Registry pays such funds to such Person.

Also posted in Section 6.3, Section 6.3(b), Settlement | Comments closed

S 06.3.3

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(c) Records and Reporting. The Registry shall keep accurate records of its disbursement of Unclaimed Funds and Public Domain Funds. The Registry shall prepare annual written reports of the same and shall submit such reports to Google within forty-five (45) days after the end of each calendar year.Rightsholder of such book once the Registry pays such funds to such Person.

Also posted in Section 6.3, Section 6.3(c), Settlement | Comments closed

S 06.3.4

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(d) Audit Rights. Google may, upon thirty (30) days’ prior notice and at its own expense, retain a nationally recognized independent and mutually-acceptable independent auditor (whose fees are not contingency based), under a duty of confidentiality to the Registry, to review and audit the Registry’s relevant records to confirm the payments made under Section 6.3(a) (Unclaimed Funds) and Section 6.3(b) (Public Domain Funds). The audit shall: (i) be subject to the Registry’s security and confidentiality requirements; (ii) occur no more than once every calendar year and not during the first or last three (3) weeks of a calendar quarter; (iii) transpire during the Registry’s normal business hours; and (iv) cover a period not to exceed the previous four (4) calendar years. The Registry will promptly correct any payment errors. In addition, if the audit reveals an underpayment of five percent (5%) or more in the payments for any calendar quarter, then the Registry shall pay for the reasonable costs associated with the audit. The accounting firm may only disclose to Google whether or not the Registry is in compliance with its payment obligations under Section 6.3(a) (Unclaimed Funds) and Section 6.3(b) (Public Domain Funds) and, if the Registry is not in compliance, the amount of any underpayment and supporting calculations.

Also posted in Section 6.3, Section 6.3(d), Settlement | Comments closed

S 06.4

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Funding and Technical Assistance. Google shall:

Also posted in Section 6.4, Settlement | Comments closed

S 06.4.1

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(a) fund the set-up and operations of the Registry according to the terms set forth in Section 5.2 (Payment For Registry, Notice and Claims Administration); and

Also posted in Section 6.4, Section 6.4(a), Settlement | Comments closed

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(b) provide reasonable technical assistance with respect to the design, development and maintenance of the Registry.

Also posted in Section 6.4, Section 6.4(b), Settlement | Comments closed

S 06.5

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Google’s Rights to Registry Data.

Also posted in Section 6.5, Settlement | Comments closed

S 06.5.1

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(a) Data for Google. The Registry will provide Google with access to such Registry data, including all updates, as are reasonably necessary for Google to perform its obligations under this Amended Settlement Agreement.

Also posted in Section 6.5, Section 6.5(a), Settlement | Comments closed

S 06.5.2

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(b) Data for Fully Participating Libraries. provide Google with access to such Registry data, including all updates, as are reasonably necessary for Fully Participating Libraries to perform their obligations under their respective Library-Registry (Fully Participating) Agreements. Google may provide to the Fully Participating Libraries such Registry data, including all updates, as are reasonably necessary for Fully Participating Libraries to perform their obligations under their respective Library-Registry (Fully Participating) Agreements.

Also posted in Section 6.5, Section 6.5(b), Settlement | Comments closed

S 06.5.3

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(c) Survival. Google’s rights to have access to data about a Book or Insert will survive the expiration of the term of the U.S. copyright in such Book or Insert and, to the extent that Google requires access to data after the expiration of the terms of all U.S. copyrights in all Books and Inserts, the Registry, if still operational at such time, shall provide such access.

Also posted in Section 6.5, Section 6.5(c), Settlement | Comments closed

S 06.6

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Exchange of Data between Google and the Registry.

Also posted in Section 6.6, Settlement | Comments closed

S 06.6.1

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(a) Data Provided by Google. Google shall provide the following to the Registry:

Also posted in Section 6.6, Section 6.6(a), Settlement | Comments closed

S 06.6.1.1

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(i) Digital Copies to Libraries. The name of any library to which it has provided Digital Copies of Books Digitized in the United States and, upon request of the Registry, the library at which a particular Book has been Digitized.

Also posted in Section 6.6, Section 6.6(a), Section 6.6(a)(i), Settlement | Comments closed

S 06.6.1.2

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(ii) Digitized Books. On at least a quarterly basis, an update to the list of Books, Public Domain Books with a copyright date after 1922 and Government Works that Google has Digitized under this Amended Settlement Agreement along with Metadata with respect to such Books to the extent that Google is permitted to do so under then-existing contracts with Metadata providers. Google, Plaintiffs, and the Registry will cooperate to obtain such Metadata providers’ permission for Google to provide Plaintiffs and the Registry with such lists; provided that the Registry shall be responsible for payment of any additional license fees to such providers to the extent required. In communicating between them, Google and the Registry will use a unique identifier for each Book, Public Domain Book with a copyright date after 1922 or Government Work. The update for a Book, Public Domain Book with a copyright date after 1922 or Government Work will be available within a reasonable period after Digitization and completion of processing of such Book, Public Domain Book with a copyright date after 1922 or Government Work by Google. The data provided shall include information for each Book regarding the Display Uses, if any, that are being made of the Book and identification of any Books that Google is not offering for sale, including any Books that Google excludes from Display Uses for non-editorial reasons (in addition to Google’s obligation under Section 3.7(e) (Google’s Exclusion of Books)). The Registry will use this information for internal purposes only, provided that an individual record of a Book, Public Domain Book with a copyright date after 1922 or Government Work may be disclosed by the Registry to any Rightsholder of that Book or an Insert in that Book, Public Domain Book with a copyright date after 1922 or Government Work. The Registry may need permission from Metadata providers to obtain such Metadata, and will be responsible for payment of any additional license fees to the extent required by such providers.

Also posted in Section 6.6, Section 6.6(a), Section 6.6(a)(ii), Settlement | Comments closed

S 06.6.1.3

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(iii) Books Sold. Along with the payments required under Section 4.6 (Payment Terms) for the applicable period, a list of the Books sold, the number of Books sold, and, for each such sale, the sale price.

Also posted in Section 6.6, Section 6.6(a), Section 6.6(a)(iii), Settlement | Comments closed

S 06.6.1.4

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(iv) Library Scans. Upon request by the Registry and if a Fully Participating Library or a Cooperating Library invokes its rights pursuant to Section 7.2(e)(ii) (Third-Party Required Library Services Provider), reasonable information regarding Google’s provision of Required Library Services, to determine compliance with Section 7.2(e)(i) (Obligation).

Also posted in Section 6.6, Section 6.6(a), Section 6.6(a)(iv), Settlement | Comments closed

S 06.6.1.5

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(v) Usage Data. Data sufficient to enable the Registry to calculate Subscription Usage Fees and Book Usage Fees, as defined in the Plan of Allocation.

Also posted in Section 6.6, Section 6.6(a), Section 6.6(a)(v), Settlement | Comments closed

S 06.6.1.6

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(vi) Registration/Claims Process Data. All data provided to Google by members of the Amended Settlement Class or their agents in connection with the registration, claims, and opt out processes. Such data shall be subject to a Registry privacy policy.

Also posted in Section 6.6, Section 6.6(a), Section 6.6(a)(vi), Settlement | Comments closed

S 06.6.1.7

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(vii) Additional Information. Additional data, including updates, as reasonably necessary for the Registry to perform its obligations under this Amended Settlement Agreement.

Also posted in Section 6.6, Section 6.6(a), Section 6.6(a)(vii), Settlement | Comments closed

S 06.6.2

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(b) No Google Licenses. Except with respect to (i) the limited right to use Digital Copies of Library Scans and of Books other than Library Works provided by Google pursuant to Section 3.7(c) (Additional Contemplated Rightsholder Services Provider), Section 7.2(e)(ii) (Third-Party Required Library Services Provider) and Section 7.2(g)(ii)(2) (Alternative Accommodated Service Provider) and (ii) the limited right to use information provided by Google pursuant to Section 6.6(a) (Data Provided by Google), no licenses are granted by Google to the Rightsholders, the Registry, Plaintiffs or any other Person pursuant to this Amended Settlement Agreement, by implication, estoppel or otherwise.

Also posted in Section 6.6, Section 6.6(b), Settlement | Comments closed

S 06.6.3

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(c) Data Provided by the Registry. The Registry shall provide the following to Google:

Also posted in Section 6.6, Section 6.6(c), Settlement | Comments closed

S 06.6.3.1

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(i) Books Claimed. Registry, instructions with respect to the Removal of Books and the exclusion or inclusion of Books and Inserts pursuant to Article III (Google Book Search– Rights, Benefits and Obligations) and to the Specified Price pursuant to Section 4.2(b)(i)(1) (Specified Price), and any other directions for Books and Inserts provided for in this Amended Settlement Agreement.

Also posted in Section 6.6, Section 6.6(c), Section 6.6(c)(i), Settlement | Comments closed

S 06.6.3.2

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(ii) Metadata Corrections. Any corrections to the Metadata, and any other corrections or modifications to information the Registry previously provided to Google regarding a Book or Insert.

Also posted in Section 6.6, Section 6.6(c), Section 6.6(c)(ii), Settlement | Comments closed

S 06.6.3.3

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(iii) Registered Rightsholders. The identity of any Registered Rightsholder for a given Book or Insert; provided, however, that if the Book or the Insert was published under a pseudonym, then the Registry will only disclose that pseudonym to Google and, provided further, that if a Rightsholder requests that his, her or its identity not be disclosed to Google, then the Registry will only disclose an alias. The Registry will neither encourage Rightsholders to request, nor discourage Rightsholders from requesting, such non-disclosure. The Registry will also provide a means for Google to match contact information and other identifying information for a Rightsholder against the Registry’s information pertaining to that Rightsholder. Such mechanism need not reveal the Rightsholder’s contact information to Google. Rightsholder information provided by the Registry is subject to the terms of Section 15.3 (Confidentiality of Rightsholder Information).

Also posted in Section 6.6, Section 6.6(c), Section 6.6(c)(iii), Settlement | Comments closed

S 06.6.4

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(d) Claimed Books to be Public. The Registry will make publicly available whether or not a Book has been registered with the Registry and, for Books that have been registered, the identity of the Registered Rightsholder, unless the Registered Rightsholder requests that such information not be made public for reasonable privacy concerns, as determined by the Registry.

Also posted in Section 6.6, Section 6.6(d), Settlement | Comments closed

S 06.6.5

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(e) Copyright Status. The Registry and Google will provide each other with information that each obtains bearing on the copyright status of works that are or may be Books or Inserts.

Also posted in Section 6.6, Section 6.6(e), Settlement | Comments closed

S 06.6.6

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(f) No Personally Identifiable Information. In no event will Google provide personally identifiable information about end users to the Registry other than as required by law or valid legal process.

Also posted in Section 6.6, Section 6.6(f), Settlement | Comments closed

S 06.7

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Authorization of Registry. Where this Amended Settlement Agreement confers on the Registry rights and obligations with respect to Books and Inserts, including with respect to the Registry’s relationship with each of Google, the Fully Participating Libraries, the Cooperating Libraries and the Public Domain Libraries, Plaintiffs and all Rightsholders, as of the Effective Date, shall be deemed to have authorized the Registry to exercise such rights and perform such obligations on behalf of the Rightsholders with respect to their respective Books and Inserts, including to enter into Library-Registry Agreements. In no event, however, may the Registry direct Google to change the classification of a Book, include or exclude a Book or Insert in or from any Display Use, or take any other action, that is contrary to such Book or Insert Rightsholder’s express direction with respect to such Book or Insert, as made pursuant to and in conformance with this Amended Settlement Agreement.

Also posted in Section 6.7, Settlement | Comments closed