Category Archives: Section 7.2

S 07.2

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Fully Participating Library Uses.

Also posted in Article 7, Settlement | Comments closed

S 07.2.1

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(a) Making of Library Digital Copies.

Also posted in Article 7, Section 7.2(a), Settlement | Comments closed

S 07.2.1.1

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(i) Fully Participating Library Collections. Google may provide each Fully Participating Library with (and each Fully Participating Library may receive and retain) a Library Digital Copy. Google may construct a Digital Copy of a Book from one or more physical books into a composite version of the Book, which may include alternative page images from different copies of the Book that Google obtains from sources other than the Fully Participating Library. Google may provide to a Fully Participating Library, as technology improves, atechnologically updated Library Digital Copy of Books in that Fully Participating Library’s Collection.

Also posted in Article 7, Section 7.2(a), Section 7.2(a)(i), Settlement | Comments closed

S 07.2.1.2

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(ii) Books Not Digitized From the Fully Participating Library’s Collection. Google may provide a Fully Participating Library with Digital Copies of Books in the Fully Participating Library’s Collection that Google did not Digitize from the Fully Participating Library’s Collection; provided, however, that a Fully Participating Library may receive an LDC of all of the Books in its Collection only if, for a CollectionFully Participating Library with holdings of nine hundred thousand (900,000) Booksvolumes (i.e., books and not Periodicals or bound volumes of Periodicals) or more, Google Digitizes more than three hundred thousand (300,000) Booksvolumes from that Fully Participating Library’s Collectionholdings, or, for a CollectionFully Participating Library with holdings of fewer than nine hundred thousand (900,000) Booksvolumes, Google Digitizes more than thirty percent (30%) of the Booksvolumes from that Fully Participating Library’s Collectionholdings. Google will not provide a Fully Participating Library with a Digital Copy of any Book that is not held by that Fully Participating Library.

Also posted in Article 7, Section 7.2(a), Section 7.2(a)(ii), Settlement | Comments closed

S 07.2.1.3

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(iii) Institutional Consortia. For any Institutional Consortium that (1) exists as of the Amended Settlement Agreement Date, and (2) with which Google has a Digitization Agreement, Google may provide each Fully Participating Library that is a member of that Institutional Consortium with Digital Copies of Books in that Fully Participating Library’s Collection that Google did not Digitize from that Fully Participating Library’s Collection, provided, however, that a Fully Participating Library may receive an LDC of all of the Books in its Collection only if at least ten thousand (10,000) Booksvolumes (i.e., books and not Periodicals or bound volumes of Periodicals) were Digitized from such Fully Participating Library’s Collectionholdings, and (a) if the sum of the Collectionholdings for all Fully Participating Libraries in the Institutional Consortium is two million (2,000,000) Booksvolumes or more, Google Digitizes more than six hundred fifty thousand (650,000) Booksvolumes from those Fully Participating LibrariesCollectionholdings, or (b) if the sum of the Collectionholdings for all Fully Participating Libraries in the Institutional Consortium is fewer than two million (2,000,000) Booksvolumes, Google Digitizes more than thirty percent (30%) of the Booksvolumes in aggregate from thoseFully Participating LibrariesCollectionholdings. Google will not provide such a Fully Participating Library with a Digital Copy of any Book that is not held by that Fully Participating Library.

Also posted in Article 7, Section 7.2(a), Section 7.2(a)(iii), Settlement | Comments closed

S 07.2.1.4

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(iv) LimitationLimitations. Google shall not provide Digital Copies of Books Digitized in the United States to any Person other than a Fully Participating Library, except as authorized in this Amended Settlement Agreement, or with prior Registry or Rightsholder approval. This Amended Settlement Agreement neither authorizes nor prohibits, nor releases any Claims with respect to, any volumes that are Digitized by Google and provided to any Fully Participating Library except and solely to the extent that such volumes are Books or contain Inserts.

Also posted in Article 7, Section 7.2(a), Section 7.2(a)(iv), Settlement | Comments closed

S 07.2.2

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(b) Use of Library Digital Copies. Each Fully Participating Library may make the following uses of its LDC:

Also posted in Article 7, Section 7.2(b), Settlement | Comments closed

S 07.2.2.01

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(i) Technical Adaptations. The Fully Participating Library may reproduce and make technical adaptations to (but not adapt or alter the content of) its LDC as reasonably necessary to preserve, maintain, manage, and keep technologically current its LDC.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(i), Settlement | Comments closed

S 07.2.2.02

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(ii) Users with Print Disabilities.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(ii), Settlement | Comments closed

S 07.2.2.02.1

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(1) Special Access. The Fully Participating Library may provide special access to Books in its LDC to a user who has provided written documentation that a Person having the credentials of a CompetentAuthority has certified that such user has a Print Disability. A professional librarian shall not be permitted to certify a user’s claimed Print Disability for purposes of this Section 7.2(b)(ii)(1) (Special Access) except in those circumstances in which the user affirms in writing to such librarian that no Competent Authority is available to the user for that purpose or in which the user has a Print Disability that is readily apparentupon physical observation of the user. A certified user may be permitted to access Books in the LDC in the form of electronic text used in conjunction with screen enlargement, voice output, or refreshable Braille displays. A Fully Participating Library will not provide a certified user with such special access to Books in its LDC in a manner that would make any copy ordinarily accessible to anyone other than such certified user, orordinarily accessible to such certified user for a longer period than is reasonably necessary to facilitate such special access, except in circumstances in which the Fully Participating Library cannot otherwise provide the user with a reasonable accommodation for such user’s Print Disability.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(ii), Section 7.2(b)(ii)(1), Settlement | Comments closed

S 07.2.2.02.2

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(2) Certification. A Fully Participating Library that provides special access to certified users under this Section 7.2(b)(ii) (Users with Print Disabilities) shall require each such user to sign or otherwisepersonally acknowledge a standard form agreement (to be agreed upon by the Registry and such Fully Participating Library) that will evidence such user’s awareness and acceptance of terms of use that prohibit use, reproduction or distribution that is prohibited by the Copyright Act or by such terms and conditions of Books in the LDC, and that will provide for the loss of further special access to such Books through the LDC as a possible consequence of violating such terms. Each Fully Participating Library shall also maintain data about its provision of such access to each certified user that is sufficient to enable an auditor to annually certify the Fully Participating Library’s compliance with this Section 7.2(b)(ii) (Users with Print Disabilities) but does not disclose the identity of any certified user.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(ii), Section 7.2(b)(ii)(2), Settlement | Comments closed

S 07.2.2.02.3

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(3) Limitation. The provisions of this Section 7.2(b)(ii) (Users with Print Disabilities) apply to and authorize a Fully Participating Library’s use of Books in its LDC only for the purpose of reasonably accommodating the needs of certified users with Print Disabilities as required by applicable federal or state law and regulations, and do not authorize access to or use of Digital Copies in the LDC of such Books by other Persons for such purpose or any other purpose except for Persons assisting such certified users with Print Disabilities.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(ii), Section 7.2(b)(ii)(3), Settlement | Comments closed

S 07.2.2.02.4

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(4) Changes. When warranted by changes in disability laws, the Copyright Act, the nature of Print Disabilities, or the assistive technology available to reasonably accommodate Print Disabilities, the Registry will, upon request by a Fully Participating Library, grant such Fully Participating Library permission to provide a certified user with special access to Books in the LDC in a form or manner that is not permitted by the terms of this Section 7.2(b)(ii) (Users with Print Disabilities), but is deemed necessary to reasonably accommodate the Print Disability needs of that user. The Registry will not unreasonably withhold or delay its approval of these requests and will, where it can reasonably anticipate the receipt of the same request from other Fully Participating Libraries, extend the same permission to all Fully Participating Libraries through an appropriate process of written notice to the Designated Representative.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(ii), Section 7.2(b)(ii)(4), Settlement | Comments closed

S 07.2.2.03

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(iii)Replacements.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(iii), Settlement | Comments closed

S 07.2.2.03.1

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(1) Replacement Copy. The Fully Participating Library use its LDC to create a print format replacement copy of a Book solely for the purpose of replacing a copy of such Book that is damaged, destroyed, deteriorating, lost, or stolen, or if the existing format in which the Book is stored has become obsolete, provided that the Fully Participating Library has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price. For these purposes an “unused replacement” for a copy in print format means an unused copy that is offered for sale in print format and does not derive from a copy Digitized from a Fully Participating Library.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(iii), Section 7.2(b)(iii)(1), Settlement | Comments closed

S 07.2.2.03.2

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(2) Replacement of Replacement Copies. Any replacement copy made by the Fully Participating Library under Section 7.2(b)(iii)(1) (Replacement Copy) that itself is damaged, destroyed, deteriorating, lost,or stolen may be replaced pursuant to this Section 7.2(b)(iii) (Replacements).

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(iii), Section 7.2(b)(iii)(2), Settlement | Comments closed

S 07.2.2.03.3

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(3) Limitation. Notwithstanding anything herein to the contrary (including Section 7.2(d) (Research Corpus)), any use by a Fully Participating Library of a print format replacement copy made under Section 7.2(b)(iii) (Replacements) is not subject to the terms of this Amended Settlement Agreement.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(iii), Section 7.2(b)(iii)(3), Settlement | Comments closed

S 07.2.2.04

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(iv) Finding Tools. The Fully Participating Library may develop or obtain and may deploy finding tools that allow its users to identify pertinent Books within its LDC or generate information from its LDC. Such tools or generated information will not permit users to read or view any material from the LDC that is Protected Expression, except that such users may read or view Front Matter Display and, in response to a search request, a limited number of Snippets for the purpose of enabling the user to verify which Book has been identified. For a No Display Book, if requested by a Rightsholder of that Book, Fully Participating Libraries will stop displaying Snippets as part of the finding tools. Such tools or generated information may not involve the creation of any additional copies of Protected Expression other than transitory copies for Non-Display Uses. For purpose of this provision, representations of Books in index form are not copies.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(iv), Settlement | Comments closed

S 07.2.2.05

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(v) Orphan Works. If the Copyright Act is amended after the Amended Settlement Agreement Date to allow use of orphan works, the Fully Participating Library may use such works from its LDC in accordance with the statute.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(v), Settlement | Comments closed

S 07.2.2.06

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(vi) Use for Non-Consumptive Research. Upon notice to the Registry in accordance with its Library-Registry (Fully Participating) Agreement, the Fully Participating Library may allow Qualified Users to conduct Non-Consumptive Research on its LDC, provided that such Fully Participating Library complies with the provisions of Section 7.2(d) (Research Corpus) as if such Fully Participating Library were a Host Site and as if the Fully Participating Library’s LDC were the Research Corpus.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(vi), Settlement | Comments closed

S 07.2.2.07

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(vii) Personal Scholarly Use and Classroom Use. The Fully Participating Library, if part of a Higher Education Institution, may allow faculty members and research staff of that Higher Education Institution to read, print, download or otherwise use up to five (5) pages of any Book from its LDC that is not Commercially Available for the following purposes: (1) personal scholarly use (for each Book, no more than once per person per term) and (2) classroom use in such Higher Education Institution that is limited to the instructors and students in the class and for the term in which the class is offered; provided that (a) the Fully Participating Library does not know at the time of such use that it is in material non-compliance with Section 8.2 (Security Standard, Security Implementation Plan and Security Audits) with respect to uses of the LDC authorized pursuant to this Section 7.2(b)(vii) (Personal Scholarly Use and Classroom Use), and (b) the Fully Participating Library keeps track of and reports all such uses of Books to the Registry in the course of the audit conducted pursuant to Section 8.2(c) (Audits) or, otherwise, upon reasonable request of theRegistry, provided that such requests may be made no more than semi-annually. The Registry may make information from such reports regarding the usage of an individual Book available to the Rightsholder of such Book upon request of the Rightsholder. A Fully Participating Library may not read, print, download orotherwise use a Book or Insert through its LDC pursuant to this Section 7.2(b)(vii) (Personal Scholarly Use and Classroom Use) if such use is available through the Institutional Subscription and the Institutional Subscription service is offered or is available to the Fully Participating Library (whether for a fee or as abeta product) at the time such Fully Participating Library seeks to make such use.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(vii), Settlement | Comments closed

S 07.2.2.08

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(viii) Support Personnel. (i) The Fully Participating Library may allow the Fully Participating Library’s support personnel, archivists, information technology personnel and legal counsel to read, print, download, or otherwise use Books from its LDC as reasonably necessary to carry out their responsibilities with respect to the LDC. A Hosting Fully Participating Library’s support personnel, information technology personnel and legal counsel may have access to the LDC of a Requesting Fully Participating Library as reasonably necessary to carry out their responsibilities with respect to hosting such LDC.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(viii), Settlement | Comments closed

S 07.2.2.09

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(ix) Other Uses.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(viii), Settlement | Comments closed

S 07.2.2.09.1

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(1) Approval by Registry. If agreed by the Registry, a Fully Participating Library may, upon request, make lawful uses of its LDC other than the uses authorized by this Amended Settlement Agreement, provided that such uses do not impair the rights of Rightsholders under this Amended Settlement Agreement.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(ix), Section 7.2(b)(ix)(1), Settlement | Comments closed

S 07.2.2.09.2

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(2) Approval by Rightsholders. The Registry will forward requests from any Fully Participating Library for authorization from any Registered Rightsholder of a Book to make a use of its Digital Copy ofthat Book which use is otherwise prohibited or not authorized by this Amended Settlement Agreement. The Registry will provide a response to such Fully Participating Library promptly in the event that the Registered Rightsholder provides a response to the Registry and, if agreed by the Registered Rightsholder, allow the Fully Participating Library to contact the Registered Rightsholder directly to discuss such request. A Fully Participating Library may make uses of its LDC authorized by such Registered Rightsholder and consistent with such Fully Participating Library’s Digitization Agreement with Google.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(ix), Section 7.2(b)(ix)(2), Settlement | Comments closed

S 07.2.2.10

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(x) Use of Contractors.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(x), Settlement | Comments closed

S 07.2.2.10.1

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(1) Fully Participating Libraries Hosting for Other Fully Participating Libraries Any Fully Participating Library (the “Requesting Fully Participating Library”) may authorize another Fully Participating Library or group of Fully Participating Libraries acting together (each such other Fully Participating Library, a “Hosting Fully Participating Library”) to host and store the Requesting Fully Participating Library’s LDC in a single repository, separately or together with other Requesting Fully Participating LibrariesLDCs. The Hosting Fully Participating Library shall protect the security of the Requesting Fully Participating Library’s LDC from Prohibited Access and Third-Party Unauthorized Access in the same way that it is obligated to protect the security of its own LDC under Article VIII (Security and Breach). The Requesting Fully Participating Library may use its LDC as permitted under this Amended SettlementAgreement. The Hosting Fully Participating Library, and not the Requesting Fully Participating Library, shall be liable for the Hosting Fully Participating Library’s compliance with Article VIII (Security and Breach) with respect to the Requesting Fully Participating Library’s LDC hosted by the Hosting Fully Participating Library; provided that the Requesting Fully Participating Library is responsible for any act of the Requesting Fully Participating Library that results in any Prohibited Access or any Third-Party Unauthorized Access to its LDC. The Hosting Fully Participating Library may not make any use of the Requesting Fully Participating Library’s LDC, except to the extent required to host the Requesting Fully Participating Library’s LDC and to enable theRequesting Fully Participating Library to use its LDC as permitted under this Amended Settlement Agreement.

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(x), Section 7.2(b)(x)(1), Settlement | Comments closed

S 07.2.2.10.2

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(2) Other Uses of Contractors. Any Fully Participating Library may authorize third parties to exercise rights on behalf of such Fully Participating Library or to perform any of its obligations under this Amended Settlement Agreement, including the hosting and storage of such Fully Participating Library’s LDC, in which case such Fully Participating Library shall, at all times, be and remain responsible for ensuring that such parties act in accordance with this Amended Settlement Agreement, except as set forth otherwise in Section 7.2(b)(x)(1) (Fully Participating Libraries Hosting for Other Fully Participating Libraries). Such Fully Participating Library shall be liable for any such third party’s nonconformance with or breach of this Amended Settlement Agreement, and such breaches shall be regarded as breaches by such Fully Participating Library for purposes of Article VIII (Security and Breach), except as set forth otherwise in Section 7.2(b)(x)(1) (Fully Participating Libraries Hosting for Other Fully Participating Libraries).

Also posted in Article 7, Section 7.2(b), Section 7.2(b)(x), Section 7.2(b)(x)(2), Settlement | Comments closed

S 07.2.3

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(c) Prohibited Uses of Library Digital Copies. Each Fully Participating Library is prohibited from making the following uses of its LDC unless authorized by (i) the Book Rightsholder pursuant to Section 7.2(b)(ix)(2) (Approval by Rightsholders) or otherwise or (ii) the Registry pursuant to Section 7.2(b)(ix)(1) (Approval by Registry):

Also posted in Article 7, Section 7.2(c), Settlement | Comments closed

S 07.2.3.1

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(i) Directly or indirectly selling Books or access to Books;

Also posted in Article 7, Section 7.2(c), Section 7.2(c)(i), Settlement | Comments closed

S 07.2.3.2

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(ii) Except as permitted pursuant to Section 7.2(b) (Use of Library Digital Copies), directly or indirectly providing access that enables any Person to read, print or download any Protected Expression from the LDC, provided, however, that if, at any time, an Institutional Subscription is neither offered by nor available from any of Google, an Additional Contemplated Rightsholder Services Provider or a Third-Party Required Library Services Provider, on the terms set forth in this Amended Settlement Agreement, such Fully Participating Library may, if part of a Higher Education Institution, for faculty, staff and students of, or other users who would be entitled to use the Institutional Subscription in, that Higher Education Institution, make use of Books in its LDC that are not Commercially Available at such time, except as prohibited by any of Section 7.2(c)(i), (iii), (iv), (v), or (vi), if (A) such use is first approved by both (1) the University Librarian of such Fully Participating Library, his or her functional equivalent, or his or her designee, and (2) the General Counsel of such Fully Participating Library, his or her functional equivalent, or his or her designee; and (B) such Fully Participating Library maintains records of any such uses and submits reports of such uses to the Registry promptly upon request from the Registry, provided that such requests may be made no more than semi-annually;

Also posted in Article 7, Section 7.2(c), Section 7.2(c)(ii), Settlement | Comments closed

S 07.2.3.3

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(iii) For inter-library loan;

Also posted in Article 7, Section 7.2(c), Section 7.2(c)(iii), Settlement | Comments closed

S 07.2.3.4

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(iv) For e-reserves;

Also posted in Article 7, Section 7.2(c), Section 7.2(c)(iv), Settlement | Comments closed

S 07.2.3.5

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(v) In course management systems; and

Also posted in Article 7, Section 7.2(c), Section 7.2(c)(v), Settlement | Comments closed

S 07.2.3.6

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(vi) Any other use not so authorized that would violate the U.S. copyright of the Rightsholder of such Book.

Also posted in Article 7, Section 7.2(c), Section 7.2(c)(vi), Settlement | Comments closed

S 07.2.4

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(d) Research Corpus.

Also posted in Article 7, Section 7.2(d), Settlement | Comments closed

S 07.2.4.01

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(i) Creation and Use. The Research Corpus may be created and used for Non-Consumptive Research in accordance with this Section 7.2(d) (Research Corpus).

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(i), Settlement | Comments closed

S 07.2.4.02

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(ii) Host Sites. The Research Corpus may be hosted at up to two Host Sites at any given time. At the request of a Fully Participating Library or a Cooperating Library, Google may also become a Host Site (which would be a third Host Site if the Research Corpus is already hosted at two Host Sites) with the approval of the Registry, such approval not to be unreasonably withheld or delayed. Each Host Site must be located in the United States. The Host Sites will be chosen by the Fully Participating Libraries and the Cooperating Libraries, acting through the Designated Representative, in consultation with Google.Google will inform the Registry of the identity of each Host Site. Any Host Site that is not a Fully Participating Library, a Cooperating Library or Google must be approved by the Registry, such approval not to be unreasonably withheld or delayed; provided, however, that in all cases the Registry may only withhold its approval for an institution to become a Host Site due to (1) reasonable concerns as to whether the Host Site can comply with the obligations imposed on a Host Site by this Amended Settlement Agreement or the Host Site-Registry Agreement or (2) the Host Site expressing its intent not to comply with the obligations imposed on a Host Site by this Amended Settlement Agreement or the Host Site-Registry Agreement. An institution becomes a Host Site upon execution of an agreement with the Registry (the “Host Site-Registry Agreement”) that incorporates the applicable provisions of this Section 7.2(d) (Research Corpus), Article VIII (Security and Breach), the Security Standard, the provisions of Article IX (Dispute Resolution) and other reasonable terms, and upon provision of a Security Implementation Plan under the procedures of Article VIII (Security and Breach); provided that Google is not required to execute a Host-Site Registry Agreement in order to become a Host Site; provided, further, that if Google becomes a Host Site, Google shall comply with this Section 7.2(d) (Research Corpus) and with the procedures of Article VIII (Security and Breach) applicable to a Host Site and any access by Google in breach of the terms of this Section 7.2(d) (Research Corpus) shall constitute Prohibited Access. The Host Site-Registry Agreement will authorize the Host Site to enter into agreements with Qualified Users, reviewers and challengers pursuant to Section 7.2(d)(xi)(2) (Research Agenda) and Section 7.2(d)(xi)(8) (Reviewers and Challengers) on behalf of the Registry, as the Registry’s agent. Any disputes between the Registry and the Host Site as to the terms to be included in the Host Site-Registry Agreement shall be resolved pursuant to Article IX (Dispute Resolution).

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(ii), Settlement | Comments closed

S 07.2.4.03

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(iii) Qualified Users; Non-Consumptive Research. The Host Sites may provide both on-site and remote access to Qualified Users to use the Research Corpus for Non-Consumptive Research purposes only and to reviewers and challengers of such Non-Consumptive Research, subject to Section 7.2(d)(xi)(8)(Reviewers and Challengers). Only Qualified Users, reviewers and challengers, and the Host Site will have access to the Research Corpus, and only for the purposes set forth in this Section 7.2(d) (Research Corpus).

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(iii), Settlement | Comments closed

S 07.2.4.04

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(iv) Right to Withdraw Library Scans. If a Library Work is Commercially Available as of the Notice Commencement Date or becomes Commercially Available at any time during the two (2)-year period after theNotice Commencement Date, a Rightsholder of such Library Work may, at any time during such two (2)-year period or thereafter, withdraw the Library Scan of that Library Work from the Research Corpus; provided that, if, at any time after the end of such two (2)-year period the Library Work ceases to be CommerciallyAvailable, then the Library Scan of that Library Work will be returned to the Research Corpus. If, as of the Notice Commencement Date, a Library Work for which Google uses a Library Scan is not Commercially Available but Google mistakenly determined it to be Commercially Available, and such Library Workdoes not become Commercially Available at any time during the two (2)-year period following the Notice Commencement Date, then upon determination that the Library Work is not Commercially Available after such two (2)-year period, the Rightsholder will not have any right to withdraw such Library Scan from theResearch Corpus pursuant to this Section 7.2(d)(iv)(Right to Withdraw Library Scans). If, as of the Notice Commencement Date or at any time during the two (2)-year period following the Notice Commencement Date, a Library Work is Commercially Available but is mistakenly determined to be not Commercially Available, then, upon determination that such Library Work is Commercially Available, the Rightsholder will have the right to withdraw the Library Scan of that Library Work from the Research Corpus; provided, however, that, if, at any time after the end of such two (2)-year period the Library Work ceases to be Commercially Available, then, if the Library Scan of such Library Work had been previously withdrawn, such Library Scan will be returned to the Research Corpus. This Amended Settlement Agreement does not restrict the addition of other books to the Research Corpus (e.g., Public Domain Books and Books obtained from the Google Partner Program Digitized with authorization from the Rightsholder).

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(iv), Settlement | Comments closed

S 07.2.4.05

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(v) Identification of Works in Research Corpus. Google or the Host Site will make available to Qualified Users information about what Books are included in the Research Corpus.

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(v), Settlement | Comments closed

S 07.2.4.06

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(vi) Limitations on Non-Consumptive Research. The Host Site shall be responsible for oversight over research performed on the Research Corpus so that such research adheres to the following limitations:

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(vi), Settlement | Comments closed

S 07.2.4.06.1

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(1) No Person may, in the course of conducting, reviewing or challenging the results of, Non-Consumptive Research use Protected material through the Research Corpus for purposes that involve reading portions of a Book to understand the intellectual content presented within a Book;

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(vi), Section 7.2(d)(vi)(1), Settlement | Comments closed

S 07.2.4.06.2

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(2) It is permissible, however, for Qualified Users to read Protected material within the Research Corpus as reasonably necessary to carry out Non-Consumptive Research, and for reviewers or challengers of the results of Non-Consumptive Research to read Protected material as reasonably necessary to analyze or verify such results; and

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(vi), Section 7.2(d)(vi)(2), Settlement | Comments closed

S 07.2.4.06.3

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(3) A Qualified User may extract from the Research Corpus and disclose to other Persons only a limited amount of Protected material as reasonably necessary to explain or discuss the Non-Consumptive Research and its results.

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(vi), Section 7.2(d)(vi)(3), Settlement | Comments closed

S 07.2.4.07

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(vii) Publication of Results. Qualified Users are permitted to report the results of their Non-Consumptive Research in scholarly publications, which may constitute indirect commercial use (e.g., reporting results in journal articles or in books sold to the academic community or to the public).

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(vii), Settlement | Comments closed

S 07.2.4.08

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(viii) No Commercial Use. Except with the express permission of the Registry and Google, direct, for profit, commercial use of information extracted from Books in the Research Corpus is prohibited.

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(viii), Settlement | Comments closed

S 07.2.4.09

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(ix) Use of Data. Use of data extracted from specific Books within the Research Corpus to provide services to the public or a third party that compete with services offered by the Rightsholder of those Books or by Google is prohibited. When requested by a Rightsholder or by the Registry on behalf of a Rightsholder, a Qualified User will be required to remove any and all data extracted from the Books of that Rightsholder from a service offered to the public or a third party by the Qualified User if that service competes with services offered by the Rightsholder of those Books. When requested by Google, a Qualified User will be required to remove any and all data extracted from Books from a service offered to the public or a third party by the Qualified User if that service can reasonably be construed as competing with services offered by Google at the time the Qualified User’s service is first made accessible.

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(ix), Settlement | Comments closed

S 07.2.4.10

Comments are closed.

(x) Use of Algorithms. Commercial exploitation of algorithms developed when performing Non-Consumptive Research on the Research Corpus is permitted.

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(x), Settlement | Comments closed

S 07.2.4.11

Comments are closed.

(xi) Governance and Maintenance. Governance of the maintenance and use of the Research Corpus shall be as follows:

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(xi), Settlement | Comments closed

S 07.2.4.11.1

Comments are closed.

(1) Qualified Users Only. Only Qualified Users will be permitted to conduct Non-Consumptive Research using the Research Corpus.

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(xi), Section 7.2(d)(xi)(1), Settlement | Comments closed

S 07.2.4.11.2

Comments are closed.

(2) Research Agenda. Prior to engaging in Non-Consumptive Research, a Qualified User will file with the Host Site: (a) a Research Agenda, (b) an agreement between the Qualified User and the Host Site,as agent for the Registry, that prohibits access to and use of the Research Corpus except for permitted Non-Consumptive Research and that makes the Qualified User directly liable to the Registry for any breach of its terms, and (c) a letter from a Fully Participating Library, a Cooperating Library, the Registry, Google or the Host Site indicating that the submitting entity will accept responsibility for the Qualified User’s use ofthe Research Corpus. The Host Site shall maintain these documents on file and shall make them available to the auditors for review pursuant to Section 7.2(d)(xi)(6) (Audits). Except to the extent that disclosure isrequired by law or this Amended Settlement Agreement, the Host Site, the Registry and auditors will treat all Research Agendas as confidential.

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(xi), Section 7.2(d)(xi)(2), Settlement | Comments closed

S 07.2.4.11.3

Comments are closed.

(3) Review of Research Agenda. Prior to allowing a Qualified User access to the Research Corpus, the Host Site will review each Research Agenda for the purpose of determining whether the agenda demonstrates that the research will be Non-Consumptive Research. Through the audit performed pursuant to Section 7.2(d)(xi)(6) (Audits), the Registry reserves the right to verify that the Host Site implements such review process.

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(xi), Section 7.2(d)(xi)(3), Settlement | Comments closed

S 07.2.4.11.4

Comments are closed.

(4) Reasonable Discretion. A Host Site may deny a Qualified User’s access to the Research Corpus at its reasonable discretion.

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(xi), Section 7.2(d)(xi)(4), Settlement | Comments closed

S 07.2.4.11.5

Comments are closed.

(5) Management. Each Host Site will manage the Research Corpus in adherence with the governance and maintenance provisions of this Section 7.2(d)(xi) (Governance and Maintenance).

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(xi), Section 7.2(d)(xi)(5), Settlement | Comments closed

S 07.2.4.11.6

Comments are closed.

(6) Audits. Regular audits of each Host Site will be performed by a qualified third party reasonably acceptable to the Registry and the Host Site to ensure compliance with the governance and use terms set forth in this Section 7.2(d)(xi) (Governance and Maintenance). The audit shall be subject to reasonable prior notice to the Host Site, shall be conducted during the Host Site’s normal business hours and shall be conducted no more than once in any twelve (12)-month period. The costs of the audit will be subject to the terms of Section 8.2(c) (Audits).

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(xi), Section 7.2(d)(xi)(6), Settlement | Comments closed

S 07.2.4.11.7

Comments are closed.

(7) Development. Each Host Site will have the ability to access the Research Corpus for purposes of developing, testing and maintaining the Host Site platform, creating back-up copies of the Research Corpus, and keeping the Research Corpus technologically current.

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(xi), Section 7.2(d)(xi)(7), Settlement | Comments closed

S 07.2.4.11.8

Comments are closed.

(8) Reviewers and Challengers. Prior to a Qualified User providing reviewers and challengers with access to Books within the Research Corpus, such reviewers and challengers shall execute an agreement with the Host Site, as agent for the Registry, limiting their use to reviewing and challenging the research conducted pursuant to Section 7.2(d)(xi)(2) (Research Agenda).

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(xi), Section 7.2(d)(xi)(8), Settlement | Comments closed

S 07.2.4.12

Comments are closed.

(xii) No Other Restrictions. None of the restrictions in this Section isintended to limit the right to access or use (1) any copyrighted material obtainedfrom sources outside of the Research Corpus or (2) except as specifically set forth in Section 7.2(d)(viii) (No Commercial Use) and Section 7.2(d)(ix) (Use of Data), any material not Protected under the Copyright Act.

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(xii), Settlement | Comments closed

S 07.2.4.13

Comments are closed.

(xiii) Costs. The Registry is not responsible for any costs relating to the use of the Research Corpus, except as specifically set forth in Section 8.2(c)(Audits).

Also posted in Article 7, Section 7.2(d), Section 7.2(d)(xiii), Settlement | Comments closed

S 07.2.5

Comments are closed.

(e) Required Library Services Requirement.

Also posted in Article 7, Section 7.2(e), Settlement | Comments closed

S 07.2.5.1

Comments are closed.

(i) Obligation. Google will provide the following services listed in clauses (1) and (2) below (together, “Required Library Services”) by no later than five (5) years from the Effective Date:

Also posted in Article 7, Section 7.2(e), Section 7.2(e)(i), Settlement | Comments closed

S 07.2.5.1.1

Comments are closed.

(1) For eighty-five percent (85%) of Library Scans other than (a) Not Counted Library Works and (b) Display Books, free search services Online through Google Products and Services (including Preview Use or Snippet Display if permitted under this Agreement) and a Library Link; and

Also posted in Article 7, Section 7.2(e), Section 7.2(e)(i), Section 7.2(e)(i)(1), Settlement | Comments closed

S 07.2.5.1.2

One response to “S 07.2.5.1.2”

  1. EFFred says:

    How does this intersect with the Google “exclusion power” for “editorial reasons” under Section 3.7(e)? Under that section, Google has a duty to disclose such exclusions and make the scans available to the Registry. However, under this provision, Google can simply fail to deliver search, Library Links, Public Access Service, or ISD access for up to 15% of Display Books. Doesn’t that effectively give Google unfettered discretion to make as many as 15% of the books effectively “disappear” without explanation (while still including them in Google’s own corpus for their own internal research)?

(2) For eighty-five percent (85%) of Library Scans other than (a) Not Counted Library Works, (b) No Display Books, and (c) Library Scans that are not authorized to be included in Institutional Subscriptions pursuant to the terms of this Amended Settlement Agreement, free search services Online through Google Products and Services (including Preview Use or Snippet Display if permitted under this Agreement), a Library Link, the Public Access Service, and Institutional Subscription for Higher Education Institutions.

Also posted in Article 7, Section 7.2(e), Section 7.2(e)(i), Section 7.2(e)(i)(2), Settlement | Comments closed

S 07.2.5.2

Comments are closed.

(ii) Third-Party Required Library Services Provider. If Google fails tomeet the Required Library Services Requirement, or if Google gives notice to theRegistry, the Fully Participating Libraries and the Cooperating Libraries of itsintent not to meet the Required Library Services Requirement at any time after the Effective Date, and does not cure this failure within ninety (90) days after notice from the Fully Participating Libraries and the Cooperating Libraries invoking this provision, acting through the Designated Representative, then the Fully Participating Libraries and the Cooperating Libraries, or the Registry, may seek to engage one or more third parties (each, a “Third-Party Required Library Services Provider”) to provide any or all of the Required Library Services (provided that, at a minimum, the Third-Party Required Library Services Provider provides at least one of the Required Library Services not provided by Google that caused the foregoing right to use a Third-Party Required Library Services Provider to be triggered) on substantially the same terms described in this Amended Settlement Agreement. Any such arrangement will be subject to the consent of each of (1) the Registry and (2) the Fully Participating Libraries and the Cooperating Libraries, acting through the Designated Representative, which consents shall not be unreasonably withheld or delayed. If a Third-Party Required Library Services Provider is identified and the foregoing required consents are obtained, then Google will provide such Third-Party Required Library Services Provider with a Digital Copy of Library Scans (excluding particular Library Scans that are restricted from further distribution under the Digitization Agreement between Google and a Fully Participating Library or a Cooperating Library) to be used solely to provide Required Library Services (as such Required Library Services may evolve over time) in accordance with the terms of this Amended Settlement Agreement and the terms of Google’s Digitization Agreements with each of the Fully Participating Libraries and the Cooperating Libraries. If, within one hundred and twenty (120) days after the Fully Participating Libraries and the Cooperating Libraries invoke this provision following such failure by Google, a Third-Party Required Library Services Provider has not been agreed upon, then the Fully Participating Libraries and the Cooperating Libraries, if they wish, may continue to attempt to engage a Third-Party Required Library Services Provider in the manner described above or may elect to provide the Required Library Services themselves. Any such self-provision shall be subject to the applicable terms of this Amended Settlement Agreement and to the Registry’s approval, which approval shall not be unreasonably withheld or delayed. In any event, the Fully ParticipatingLibraries may continue to use their LDCs in accordance with Section 7.2(b) (Use of Library Digital Copies), Non-Consumptive Research may continue to be conducted using the Research Corpus in accordance with the provisions of Section 7.2(d) (Research Corpus), and the requirement that the Fully Participating Libraries and the Host Sites comply with the Security Standard in Article VIII (Security and Breach) will continue to be in effect. Any Third-Party Required Library Services Provider is, in connection with any Claim arising out of its providing any or all of the Required Library Services, deemed to be a successor of Google for purposes of Section 10.1(g) (Google Releasees).

Also posted in Article 7, Section 7.2(e), Section 7.2(e)(ii), Settlement | Comments closed

S 07.2.5.3

Comments are closed.

(iii) Reporting. Upon request by the Fully Participating Libraries and the Cooperating Libraries, Google will provide such libraries with reasonable information regarding the number of Library Scans and the Required Library Services being provided by Google to determine Google’s compliance with the standard set forth in Section 7.2(e)(i) (Obligation).

Also posted in Article 7, Section 7.2(e), Section 7.2(e)(iii), Settlement | Comments closed

S 07.2.5.4

Comments are closed.

(iv) Exercise or Waiver of Rights. The Fully Participating Libraries and the Cooperating Libraries may exercise their rights under this Section 7.2(e)(Required Library Services Requirement) or may consent to any agreement between Google and the Registry to waive the Required Library Services Requirement as to all Library Scans, acting through the Designated Representative. Further, the Fully Participating Libraries and the Cooperating Libraries may exercise their rights under Section 3.7(c) (Additional Contemplated Rightsholder Services Provider) with respect to Contemplated Rightsholder Services or may consent to any agreement between Google and the Registry towaive Google’s obligation to provide Contemplated Rightsholder Services as to all Library Scans, acting through the Designated Representative.

Also posted in Article 7, Section 7.2(e), Section 7.2(e)(iv), Settlement | Comments closed

S 07.2.6

Comments are closed.

(f) Third-Party Beneficiary.

Also posted in Article 7, Section 7.2(f), Settlement | Comments closed

S 07.2.6.1

Comments are closed.

(i) Fully Participating Libraries. With respect to the use of Books andInserts, the Library-Registry (Fully Participating) Agreement will bind a Fully Participating Library only with respect to the LDC. Plaintiffs and Google acknowledge and agree that each such Fully Participating Library is a third-party beneficiary of the following provisions of this Amended Settlement Agreement, entitled toenforce such provisions directly, as if such Fully Participating Library were aparty hereto: (i) Article X (Releases) (as applicable to Fully Participating Libraries) and (ii) the terms of Sections 1.281.31 (Commercially Available), 3.2(d)(iii) (Mistakes), 3.5(a)(ii) (Back-up Storage), 3.5(b)(i)(1) (Exclusion from Library Digital Copy), 3.5(b)(iii) (Coupling Requirement), 3.5(b)(v) (Waiver of Coupling Requirement), 3.7(c) (Additional Contemplated Rightsholder Services Provider), 3.7(e)(i) (Digital Copy of Excluded Books), 4.1(d) (Basic Features of Institutional Subscriptions), 4.1(e) (Institutional Subscription Terms and Conditions), 4.1(f) (Subscriber Experience), 6.2(a) (Not-For-Profit Entity), 6.3 (Unclaimed and Public Domain Funds), 6.5(b) (Data for Fully Participating Libraries) and 17.14 (No Liability for Consequential Damages) and Articles VII (Fully Participating Library and Cooperating Library Rights and Obligations) and VIII (Security and Breach). Any action to enforce any such provision that arises out of the samefacts or breach brought by one or more Fully Participating Libraries and, pursuant to Section 7.2(f)(ii) (Cooperating Libraries), one or more Cooperating Libraries, must be brought by all such libraries as a single consolidated action, to the extent that such consolidation is permitted by the Court or Arbitrator, with one such Fully Participating Library or Cooperating Library, and/or one counsel for all the libraries bringing such action, having primary responsibility for communicating with the party or parties against which the action is brought.

Also posted in Article 7, Section 7.2(f), Section 7.2(f)(i), Settlement | Comments closed

S 07.2.6.2

Comments are closed.

(ii) Cooperating Libraries. Plaintiffs acknowledge and agree that each Cooperating Library is a third-party beneficiary of the following provisions of this Amended Settlement Agreement, entitled to enforce such provisions directly, as if such Cooperating Library were a party hereto: (i) Article X (Releases) (as applicableto Cooperating Libraries) and (ii) the terms of Sections 1.28 1.31 (CommerciallyAvailable), 3.2(d)(iii) (Mistakes), 3.5(b)(iii) (Coupling Requirement), 3.5(b)(v) (Waiver of Coupling Requirement), 3.7(c) (Additional Contemplated Rightsholder Services Provider), 3.7(e)(i) (Digital Copy of Excluded Books), 4.1(d) (Basic Features of Institutional Subscriptions), 4.1(e) (Institutional Subscription Terms and Conditions), 4.1(f) (Subscriber Experience), 6.2(a) (Not-For-Profit Entity), 6.3 (Unclaimed Funds and Public Domain Funds), and 17.14 (No Liability for Consequential Damages) and Article VII (Fully Participating Library and Cooperating Library Rights and Obligations). Any action to enforce any such provision that arises out of the same facts or breach brought by one or more Cooperating Libraries and, pursuant to Section 7.2(f)(i) (Fully Participating Libraries), one or more Fully Participating Libraries, must be brought by all such libraries as a single consolidated action, to the extent such consolidation is permitted by the Court or Arbitrator, with one such Cooperating Library or Fully Participating Library, and/or one counsel for all the libraries bringing such action,having primary responsibility for communicating with the party or parties againstwhich the action is brought.

Also posted in Article 7, Section 7.2(f), Section 7.2(f)(ii), Settlement | Comments closed

S 07.2.6.3

Comments are closed.

(iii) Failure to Comply. No failure by a Fully Participating Library or a Cooperating Library to comply with its Library-Registry Agreement will affect such library’s third-party beneficiary rights specified in Section 7.2(f)(i) (Fully Participating Libraries) and Section 7.2(f)(ii) (Cooperating Libraries), respectively.

Also posted in Article 7, Section 7.2(f), Section 7.2(f)(iii), Settlement | Comments closed

S 07.2.6.4

Comments are closed.

(iv) No Modification Without Consent. None of the provisions set forth in paragraphs (i) -(iii) above, this paragraph (iv), or the provisions referred to therein as to which the Fully Participating Libraries or the Cooperating Libraries, as applicable, are express third-party beneficiaries may be modified oramended in a way that negatively affects the interests of the Fully Participating Libraries or the Cooperating Libraries, as applicable, without their agreement,acting through the Designated Representative. In addition, the provisions of Sections 2.2 (Authorization of Google, Fully Participating Libraries and Cooperating Libraries), 3.1(a) (Non-Exclusive Digitization Rights), 4.1(a)(i) (Objectives) and 6.6 (d) (Claimed Books to be Public) may not be modified or amended in a way that negatively affects the interests of the Fully Participating Libraries or the Cooperating Libraries without the agreement of the Fully Participating Libraries and the Cooperating Libraries, as applicable, acting through the Designated Representative.

Also posted in Article 7, Section 7.2(f), Section 7.2(f)(iv), Settlement | Comments closed

S 07.2.6.5

Comments are closed.

(v) Related Agreements with Google. Each Fully Participating Library and each Cooperating Library also may enter into a separate agreement with Google (or an amendment to its current Digitization Agreement with Google) setting forth other agreements between them relating to this Amended Settlement Agreement, including agreements, if any, setting forth which provisions of this Amended Settlement Agreement. Google is required to enforce (which provisions may be publicized by Google and/or such Fully Participating Library or Cooperating Library); provided, however, that no such amendment or other agreement will permit any Fully Participating Library to make any uses of its LDC that are prohibited by its Library-Registry (Fully Participating) Agreement or by this Amended Settlement Agreement.

Also posted in Article 7, Section 7.2(f), Section 7.2(f)(v), Settlement | Comments closed

S 07.2.7

Comments are closed.

(g) Accommodated Service.

Also posted in Article 7, Section 7.2(g), Settlement | Comments closed

S 07.2.7.1

Comments are closed.

(i) Definition. “Accommodated Service” means a service that offers the text of Books to users of Access Uses and other Revenue Models in the form of electronic text used in conjunction with screen enlargement, voice output, and refreshable Braille displays, or, at Google’s option and with the Registry’sapproval, other technologies to reasonably accommodate Print Disabilities, at no greater charge than the charge to view Books in a similar manner to users of Access Uses and other Revenue Models without a Print Disability.

Also posted in Article 7, Section 7.2(g), Section 7.2(g)(i), Settlement | Comments closed

S 07.2.7.2

Comments are closed.

(ii) Google Intention. Google intends to make Digital Copies of Books and Inserts accessible to users with Print Disabilities consistent with Section 3.3(d) (Accommodation of Print Disabilities). To the extent that Google is unable to make Books and Inserts accessible as set out in Section 7.2(g)(ii)(1) (Offering of Accommodated Service), Google will reasonably cooperate to enable access to Books and Inserts pursuant to Section 7.2(g)(ii)(2) (Alternative Accommodated Service Providers).

Also posted in Article 7, Section 7.2(g), Section 7.2(g)(ii), Settlement | Comments closed

S 07.2.7.2.1

Comments are closed.

(1) Offering of Accommodated Service. To satisfy the requirements of this Section 7.2(g) (Accommodated Service]), Google must (a) use commercially reasonable efforts to enable an Accommodated Service for Books and Inserts for Access Uses and other Revenue Models as authorized under this Amended Settlement Agreement; (b) for users of the Institutional Subscription with Print Disabilities, offer an Accommodated Service for all Books and Inserts in the Institutional Subscription Database for which Google’s automated OCR system is successful; and (c) not unreasonably withhold its consent to a request from a Fully Participating Library to work with particular third-party contractors to provide access to the full text of Books and Inserts as described in this Section 7.2(g) (Accommodated Service) and to improve the quality of such Books (e.g., OCR quality and structure extraction) for the purpose of providing suchaccess. In order to develop the Accommodated Service, Google may work with any third parties to provide access to the full text of Books and Inserts as described in this Section 7.2(g)(ii)(1) (Offering of Accommodated Service), and to improve the quality of such Books (e.g., OCR quality and structure extraction) for the purpose of providing such access. The third-party contractors working with Google in such efforts shall not otherwise be permitted to use or distribute such Books or Inserts and, when such efforts are completed, shall return any such Books and Inserts to Google and delete all copies of any such Books and Inserts that have been provided by Google or created by any such third-party contractors in the course of such efforts.

Also posted in Article 7, Section 7.2(g), Section 7.2(g)(ii), Section 7.2(g)(ii)(1), Settlement | Comments closed

S 07.2.7.2.2

Comments are closed.

(2) Alternative Accommodated Service Provider.

Also posted in Article 7, Section 7.2(g), Section 7.2(g)(ii), Section 7.2(g)(ii)(2), Settlement | Comments closed

S 07.2.7.2.2.1

Comments are closed.

a) Identification of Alternative Accommodated Service Provider. If, within five (5) years from the Effective Date, Google has not complied with Section 7.2(g)(ii)(1) (Offering of Accommodated Service), or if, following such five (5)-year period, Google ceases to comply with Section 7.2(g)(ii)(1) (Offering of Accommodated Service), then, upon notice to Google and theRegistry by the Fully Participating Libraries and the Cooperating Libraries acting through the Designated Representative, Google shall use commercially reasonable efforts to identify and work with an alternative provider (the “Alternative Accommodated Service Provider”) to readily provide copies of Books and Inserts requested by the Alternative Accommodated Service Providersolely for the purpose of the Alternative Accommodated Service Provider making Digital Copies of these Books and Inserts accessible to users with Print Disabilities.

Also posted in Article 7, Section 7.2(g), Section 7.2(g)(ii), Section 7.2(g)(ii)(2), Section 7.2(g)(ii)(2)(a), Settlement | Comments closed

S 07.2.7.2.2.2

Comments are closed.

b) Agreement With Alternative Accommodated Service Provider. The Alternative Accommodated Service Provider will enter into an agreement with Google and the Registry that includes terms protecting the security of the Books and Inserts, terms similar to those contained in Section 7.2(b)(ii) (Users with Print Disabilities) and terms that require the Alternative Accommodated Service Provider to make available to users with Print Disabilities the services of an “authorized entity” within the meaning of 17 U.S.C. § 121. The terms of any such agreements shall be made available to the Designated Representative.

Also posted in Article 7, Section 7.2(g), Section 7.2(g)(ii), Section 7.2(g)(ii)(2), Section 7.2(g)(ii)(2)(b), Settlement | Comments closed