Author Archives: cindy

S 06.6.6

(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.

Posted in Article 06, Section 6.6, Section 6.6(f), Settlement | Comments closed

S 06.3.1.1.3

(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 […]

Posted in Article 0, Article 06, Section 6.3, Section 6.3(a), Section 6.3(a)(i), Section 6.3(a)(i)(3) | Comments closed

S 06.3.1.1.2

(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) […]

Posted in Article 06, Section 6.3, Section 6.3(a), Section 6.3(a)(i), Section 6.3(a)(i)(2), Settlement | Comments closed

S 06.3.1.1.1

(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 […]

Posted in Article 06, Section 6.3, Section 6.3(a), Section 6.3(a)(i), Section 6.3(a)(i)(1), Settlement | Comments closed

S 06.2.2.5

(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 […]

Posted in Article 06, Section 6.2, Section 6.2(b), Settlement | Comments closed

S 06.2.2.4

(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 […]

Posted in Article 06, Section 6.2, Section 6.2(b), Section 6.2(b)(iv), Settlement | Comments closed

S 06.2.2.3

(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), […]

Posted in Article 06, Section 6.2, Section 6.2(b), Section 6.2(b)(iii), Settlement | Comments closed

S 06.2.2.2

(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 […]

Posted in Article 06, Section 6.2, Section 6.2(b), Section 6.2(b)(ii), Settlement | Comments closed

S 06.2.2.1

(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, […]

Posted in Article 06, Section 6.2, Section 6.2(b), Section 6.2(b)(i), Settlement | Comments closed

S 06.1.7

(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.

Posted in Article 06, Section 6.1, Section 6.1(g), Settlement | Comments closed

S 04.5.2.5.2

(2) Resellers. To the extent that Google makes Books available through Consumer Purchases pursuant to this Amended Settlement Agreement, Google will allow resellers to sell access to such Books to their end users. Google will be responsible for hosting and serving the Digital Copies of such Books, and will be responsible for the security of […]

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

S 04.5.2.5.1

(1)(v) Sale of Consumer Purchases through Affiliate Programs. With respect to sales of Books through Consumer Purchase through an Affiliate Program, Google may deduct from the money otherwise owed to the Registry for the benefit of the Rightsholders from such sale pursuant to Section 4.5(a)(i) (Net Purchase Revenues), up to three and three-quarters percent (3.75%) […]

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

S 04.3.7

(g) Unclaimed Books. The Registry’s power to act with respect to the Preview Use under this Section 4.3 (Preview Use) will be delegated to the Unclaimed Works Fiduciary.

Posted in Article 04, Section 4.3(g), Settlement | Comments closed

S 04.5.1.3

(iii) Agreed Revenue Splits. Notwithstanding clauses (i) and (ii) above, for any Revenue Model(s) for any Book(s) classified as Commercially Available, Google and the Rightsholder(s) of such Book(s) each has the right to request that the other negotiate a revenue split different from the Standard Revenue Split for Advertising and the Standard Revenue Split for […]

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

S 06.4.2

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

Posted in Article 06, Section 6.4, Section 6.4(b), Settlement | Comments closed

S 06.4.1

(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

Posted in Article 06, Section 6.4, Section 6.4(a), Settlement | Comments closed

S 06.4

Funding and Technical Assistance. Google shall:

Posted in Article 06, Section 6.4, Settlement | Comments closed

S 05.5

Attorneys’ Fees. Counsel for the Author Sub-Class shall apply to the Court for an award of attorneys’ fees and reimbursement of expenses in a total amount not to exceed thirty million United States dollars (U.S. $30 million). Google has agreed to pay those amounts over and above the other consideration to the Amended Settlement Class, […]

Posted in Article 05, Section 5.5, Settlement | Comments closed

S 05.4

Plan of Allocation. The Plan of Allocation sets forth the plan of allocating payments Google makes to or for the benefit of Registered Rightsholders under Sections 4.1 (Institutional Subscriptions), 4.2 (Consumer Purchases), 4.4 (Advertising Revenue Model), 4.7 (NewAdditional Revenue Models), 4.8 (Public Access Service) and 5.1 (Cash Payment to Class Members Whose Books and Inserts […]

Posted in Article 05, Section 5.4, Settlement | Comments closed

S 05.1.3

(c) Distribution of Overage. If the amount distributed from the Settlement Fund to Rightsholders under Section 5.1(a) (Cash Payments) is less than forty-five million United States dollars (U.S. $45 million), then the remaining funds shall be reallocated in accordance with the Plan of Allocation.

Posted in Article 05, Section 5.1, Section 5.1(c), Settlement | Comments closed

S 05.1.2

(b) Funding of Cash Payments. To fund the Cash Payments, Google shall pay a minimum of forty-five million United States dollars (U.S. $45 million) into the Settlement Fund. If the total Cash Payments to be made in accordance with Section 5.1(a) (Cash Payments) exceed such amount, then Google shall pay to the Settlement Fund, in […]

Posted in Article 05, Section 5.1, Section 5.1(b), Settlement | Comments closed

S 05.1.1

(a) Cash Payments. For every Principal Work, Entire Insert or Partial Insert that Google Digitized prior to the Opt-Out Deadlineon or before May 5, 2009 without the Rightsholder’s authorization and that is the subject of a validated claim pursuant to Article XIII (Settlement Administration Program), Google will make a Cash Payment to the Settlement Fund […]

Posted in Article 05, Section 5.1, Section 5.1(a), Settlement | Comments closed