Author Archives: rebezina

S 04.2.1.1

(i) Alternative License Terms. In lieu of the basic features of Consumer Purchase set forth in Section 4.2(a) (Basic Features of Consumer Purchase), a Rightsholder may direct the Registry to make its Books available at no charge pursuant to one of several standard licenses or similar contractual permissions for use authorized by the Registry under […]

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S 03.03.7

(g)Display Use Attributes. With respect to their Display Books, Google and the Rightsholders may negotiate and Rightsholders may authorize Google to modify or remove the restrictions that are placed on Google in Section 4.1(d) (Basic Features of Institutional Subscriptions) and 4.2(a) (Basic Features of Consumer Purchase), and comparable restrictions that may apply to additional Revenue […]

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L UM A.06.3

c. Database. Following the initial public offering of the Accommodated Service, Google shall maintain an accessible, searchable, on-line database that will enable the public to determine which Library Works are currently accessible through the Accommodated Service.

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L UM A.06.2

b. Reports and Notice. Following the Effective Date, Google will report, annually, to the Designated Representative on its progress to develop, provide, and maintain the Accommodated Service, including information about the time-frame in which Google believes that the Accommodated Service will be made available. Such reports will be considered Google’s confidential information, except that the […]

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L UM A.06.1

a. Availability of Accommodated Service. Google acknowledges its intent to make the Accommodated Service generally available within two (2) years following the Effective Date.

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L UM A.06

Accommodated Service.

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L UM A.05.2

b. Google Support. Google will make appropriate personnel reasonably available to provide, at no charge, up to 100 personnel hours per Host Site, per year for two years following the Effective Date consisting of technical start-up advice related to the creation and operation of the Research Corpus to each Host Site, subject to the Host […]

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L UM A.05

Research Corpus.

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L UM A.04.4

d. Matters Related to Use of Digital Copies in Lieu of Library Scans. The provisions of this Paragraph 4(d) will apply to the Institution only if the Institution has provided to Google and/or Google has created not less than 50,000 Institution Library Scans from the Institution’s Selected Content. From and after the date that the […]

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L UM A.04.3

c. Effect of Failure to Satisfy Google Coupling. If Google and any Additional Contemplated Rightsholder Services Provider and/or Third-Party Required Library Services Provider collectively fail at any time to provide any of the Designated Services as to a particular Library Scan, then Google shall not use, nor authorize any third party to use, that Library […]

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L UM A.04.2

b. Worldwide Use. If Google, to the extent authorized by the Rightsholder or the Settlement Agreement, uses any Library Scan in Consumer Purchases, in any new revenue model that may be developed pursuant to Section 4.7 of the Settlement Agreement or in any other manner in which Protected content is displayed that generates any revenue […]

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L UM A.04.1.4

(4) Commencing upon the public offering of the Public Access Service, but not later than five (5) years from the Effective Date, inclusion of the Library Scan in the Public Access Service if authorized by the Rightsholder under the Settlement Agreement.

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L UM A.04.1.3

(3) Commencing upon the initial public offering of the full Institutional Subscription, but not later than five (5) years from the Effective Date, inclusion of the Library Scan in Institutional Subscriptions offered to Higher Education Institutions (including in the Institutional Subscription referred to in Paragraph 3(a)) if authorized by the Rightsholder under the Settlement Agreement; […]

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L UM A.04.1.2

(2) Commencing upon the Effective Date, Library Links if there are online sources that can provide the information accessed through the Library Link free of charge to the user and without charge to Google;

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L UM A.04.1.1

(1) Commencing upon the Effective Date, free search services Online through Google Products and Services (including Preview Use or Snippet Display to the extent permitted under the Settlement Agreement);

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L UM A.04.1

a. Coupling Relative to Consumer Purchase. If Google, to the extent authorized by the Rightsholder or the Settlement Agreement, uses any portion of a Library Scan within the United States in Consumer Purchases or Other Revenue Models (as defined below), then Google will provide the following services (the “Designated Services”) to United States users with […]

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L UM A.04

Google Coupling.

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L UM 04.8

Certain Waivers. Google shall not require as a condition to its execution of any Digitization Agreement or any amendment thereto with any Fully Participating Library or Cooperating Library or as a condition to the receipt of particular benefits thereunder, that: (i) such Fully Participating Library or Cooperating Library waive as contemplated by Sections 3.5(b)(v) and […]

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L UM 04.7

No other rights. Except as set forth above, nothing in this subsection shall be interpreted as a grant of right from either party to the other party.

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L UM 04.6

Ownership and Control of Services. As between the parties, the Services and all content therein is, and at all times will remain, the exclusive property of Google or its partners; nothing in this Agreement implies any transfer to U of M of any ownership interest in the Services. U of M acknowledges and agrees that […]

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L UM 04.5.4

Accommodated Service. Google hereby agrees to treat each Digital Copy (that was Digitized by Google from the Available Content or provided to Google by U of M) of a work that Google has determined to be in the public domain in the same manner that it is required to treat Digital Copies of Books and […]

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L UM 04.5.3

Distribution of Google Digital Copy. To the extent portions of the Google Digital Copy are either in the public domain or where Google has otherwise obtained authorization, Google shall have the right, in its sole discretion, to make copies of such portions of the Google Digital Copy and to provide, license, or sell such copies […]

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L UM 04.5.2

Security and Privacy Regarding Google’s Use of the Google Digital Copy. Google shall implement technological measures (e.g., through use of the robots.txt protocol) to restrict automated access to any portion of the Google Digital Copy or the portions of the Google website on which any portion of the Google Digital Copy is available. In addition, […]

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L UM 04.5.1

Google use of Google Digital Copy. Subject to the restrictions set forth in this section, Google may use the Google Digital Copy, in whole or in part at Google’s sole discretion, as part being in the public domain or for which Google has obtained permission from the relevant copyright holder(s), Google may among other things […]

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L UM 04.5

Rights to Google Digital Copy. Neither U of M nor Google shall hold any license or other rights to the Available Content that is Digitized (i.e., to the materials underlying the Digitization process), except where U of M otherwise holds such rights. As between Google and U of M, and subject to the provisions in […]

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L UM 04.4.10

Personal Uses. If (a) Google enters into an agreement with a rightsholder of an in copyright work not subject to the Settlement Agreement regarding the display of Protected content from such work and (b) pursuant to such agreement Google makes any use in a Non-Settlement Subscription service or a service similar to the Consumer Purchase […]

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L UM 04.4.09.2

(b) Non-Settlement Works. If (i) Google enters into an agreement with the rightsholder of an in-copyright work not subject to the Settlement Agreement (or if at the request of U of M, the rightsholder offers to enter into an agreement with Google and Google declines) pursuant to which such rightsholder, without charge to Google, grants […]

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L UM 04.4.09.1

(a) Settlement Works. If (i) Google enters into an agreement with a Rightsholder (or if at the request of U of M, a Rightsholder offers to enter into an agreement with Google and Google declines) pursuant to which such Rightsholder, without charge to Google, grants (or at the request of U of M, offers to […]

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L UM 04.4.09

Consent to Distribution.

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L UM 04.4.08.6.2

(2) (i) Google requests that the Registry extend the time of Google’s authorization to support an Institutional Subscription beta product for U of M pursuant to Section 4.1(g) of the Settlement Agreement, and the Registry does not grant such extension request; or (ii) Google makes no such extension request; then Google shall not use (or […]

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L UM 04.4.08.6.1

(1) Google does not make the Institutional Subscription offered to Higher Education Institutions generally available and in compliance with Section 7.2(e)(i)(2) of the Settlement Agreement within two (2) years following the date Google first made the Institutional Subscription beta product set forth in Section 4.1(g) of the Settlement Agreement available to any Fully Participating Library […]

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L UM 04.4.08.6

(f) No Use If No Extension. In the event that:

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L UM 04.4.08.5

(e) Beta Product. Within six (6) months following the date Google or its licensee makes available a Consumer Purchase model or any other revenue model pursuant to the Settlement Agreement that allows access to any portion of any Library Scan of which U of M is the source (other than any model that allows access […]

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L UM 04.4.08.4

(d) Rightsholder Authorization. If, pursuant to authorization from a Rightsholder, Google or its licensee offers to users access to any portion of a Library Scan (other than where access is provided to users free of charge) of which U of M is the source prior to the Effective Date and the Book underlying such Library […]

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L UM 04.4.08.3

(c) Limited Subscription in Lieu of Discount. If at any time following the date Google or its licensee first makes the Institutional Subscription generally available to Higher Education Institutions, U of M chooses to forego the discount for the Institutional Subscription set forth in Paragraph (a) of this Section, then, for as long as Google […]

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L UM 04.4.08.2.3

(iii) Foreign Uses. If Google, (A) to the extent authorized by the holder of relevant rights in a particular in-copyright work, includes such work in the Non-Settlement Subscription or uses such work in any other manner in which Protected content is displayed that generates any revenue to Google (other than any use in which such […]

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L UM 04.4.08.2.2

(ii) Institutional Purchase. If Google offers a product or service that allows Higher Education Institutions to purchase for a fee Online access to and viewing of the full text of individual in-copyright works not subject to the Settlement Agreement for such institutions’ users in the United States (“Institutional Purchase”), for as long as Google is […]

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L UM 04.4.08.2.1

(i) Discount. If Google offers a subscription product or service in the United States that allows Higher Education Institutions access to and viewing of the full text of individual in-copyright works not subject to the Settlement Agreement for such institutions’ users in the United States (whether such product is offered alone or in combination with […]

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L UM 04.4.08.2

(b) Non-Settlement Works.

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L UM 04.4.08.1

(a) Discount. For a period of twenty-five (25) years from the date the full Institutional Subscription (whether such product is offered alone or in combination with other Google products) is first offered to Higher Education Institutions, Google shall provide a version of the Institutional Subscription product that is limited to all of the Books and […]

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L UM 04.4.08

Institutional Subscription Terms and Subsidy.

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L UM 04.4.07

Misclassifications. Google shall reasonably cooperate with U of M at U of M’s request to develop a process by which U of M may investigate and report to Google what U of M believes to be misclassifications of works as not being in the public domain, as well as a process by which Google will […]

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L UM 04.4.06.1

Technical Cooperation. Google will reasonably cooperate with U of M to establish mutually agreed communications and dispute resolution procedures with the goal that issues related to technical performance (including without limitation download issues) be addressed expeditiously.

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L UM 04.4.06

Technological Updates and Replacements. This paragraph shall be effective upon the Amendment Effective Date with respect to works in the public domain as of and after such date; this paragraph shall be effective upon the Effective Date with respect to all other works in the U of M Digital Copy. Within a reasonable period of […]

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L UM 04.4.05

Redacted Information. To the extent Google redacts any information (including without limitation any illustrations, photographs, or other images) from any Digital Copy provided to U of M, Google shall provide U of M information identifying each location within such Digital Copy containing redacted information, at the same time as Google makes the Digital Copy of […]

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L UM 04.4.04.6

(f) Purpose. For clarity, U of M and Google acknowledge that none of the restrictions or requirements set forth in paragraphs (b) and (c) above was created for the purpose of hindering U of M or any recipient entity from providing public user access to the public domain works contained in the Non-Settlement Digital Copy. […]

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L UM 04.4.04.5

(e) No Restrictions. All restrictions and requirements set forth in the Agreement regarding use or distribution (whether by U of M or by any recipient entity) (including without limitation those set forth in Sections 4.4.1, 4.4.2 and this 4.4.4) of the works contained in the Non-Settlement Digital Copy that from time to time are in […]

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L UM 04.4.04.4

(d) Failure to Provide Access. Beginning on the Amendment Effective Date, if Google fails to offer a free service to end users with respect to any work in the Non-Settlement Digital Copy that Google has determined to be in the public domain that enables end users to search, view and print the full text of […]

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L UM 04.4.04.3

(c) Lifting of Restrictions. Beginning on the date twenty (20) years following the Amendment Effective Date, notwithstanding the restrictions set forth in Sections 4.4.1 and 4.4.2 of the Agreement, U of M may provide all or any portion of the Non-Settlement Digital Copy that is, at the time of such provision, a Digital Copy of […]

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L UM 04.4.04.2

(b) Non-Profit Uses. Notwithstanding the restrictions set forth in Sections 4.4.1 and 4.4.2 of the Agreement, U of M may provide all or any portion of the Non-Settlement Digital Copy that is, at the time of such provision, a Digital Copy of a public domain work to (i) academic institutions or research or public libraries, […]

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L UM 04.4.04.1

(a) Provision of Public Domain Works. The Non-Settlement Digital Copy provided to U of M by Google may contain Digital Copies of public domain works that Google did not actually Digitize at U of M but has Digitized from another library. If: either (i) Google has Digitized or received from U of M in Digitized […]

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L UM 04.4.04

Provision and Use of Non-Settlement Digital Copy. This Section shall apply to that portion of the Non-Settlement Digital Copy that is in the public domain.

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L UM 04.4.03.3

(c) U of M as Hosting Fully Participating Library. In the event a Requesting Fully Participating Library authorizes U of M to store and host such Requesting Fully Participating Library’s Library Digital Copy pursuant to Section 7.2(b)(x) of the Settlement Agreement, then U of M may treat such Requesting Fully Participating Library’s Library Digital Copy […]

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L UM 04.4.03.2

(b) Provision of Settlement Digital Copy. The U of M Digital Copy provided to U of M by Google may contain Books and Inserts contained in the Available Content that Google did not actually Digitize at U of M but has Digitized from another library. If either (i) Google has Digitized or received from U […]

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L UM 04.4.03.1

(a) Removal. U of M agrees that if a Rightsholder directs that its Book be Removed pursuant to Section 3.5 of the Settlement Agreement and subject to certain limitations set forth therein, Google shall have no obligation to provide or make available to U of M a Digital Copy of such Book.

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L UM 04.4.03

Provision and Use of Settlement Digital Copy. Effective as of the Effective Date, in addition to the terms of U of M’s Library-Registry (Fully Participating) Agreement, the following shall apply to U of M’s use of the Settlement Digital Copy:

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L UM 04.4.02

Use of U of M Digital Copy in Cooperative Web Services. Except as set forth in Section 4.4.3 and the terms of U of M’s Library-Registry (Fully Participating) Agreement and this Section, and provided U of M has obtained all necessary permissions, rights, and licenses from third parties, U of M shall have the right […]

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L UM 04.4.01

Use of U of M Digital Copy on U of M Website. U of M shall have the right to use the U of M Digital Copy, in whole or in part at U of M’s sole discretion, as part of services offered on U of M’s website. U of M shall implement technological measures […]

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L UM 04.4

Rights to U of M Digital Copy. Neither U of M nor Google shall hold any license or other rights to the Available Content that is Digitized (i.e., to the materials underlying the Digitization process), except where U of M otherwise holds such rights. As between Google and U of M, and subject to the […]

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L UM 04.3

Searching Free to the Public: Google agrees that to the extent that it or its successors make a Digitized Available Content searchable via the Internet. It shall provide an interface for both searching and a display of search results that shall have no direct cost to end users. Violations of this subsection, 4.2, not cured […]

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L UM 04.2

Copyright Status. As Selected Content is provided by U of M to Google for Digitized, U of M shall to the best of its knowledge notify Google which portions of the Selected Content are in the public domain and which portions may be subject to copyright. Notwithstanding the foregoing, Google shall be responsible for ensuring […]

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L UM 04.1

Copyright Law. Both Google and U of M agree and intend to perform this Agreement pursuant to copyright law. If at any time, either party becomes aware of copyright infringement under this agreement, that party shall inform the other as quickly as reasonably possible.

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L UM 04

OWNERSHIP AND USE OF DIGITAL COPIES AND SERVICES

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L UM 03.3

Budgets. Notwithstanding the foregoing, U of M and Google may jointly develop a budget for each Project Plan, pursuant to which the parties can allocate the cost of researching and identifying the Selected Content, conducting conservation assessments, performing conservation work, and performing any required copyright research and clearances. Any such budget shall take precedence over […]

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L UM 03.2

Costs borne by Google. Google shall bear the following costs: Google employees or agents whose participation is contemplated by this Agreement (including all cost of Google employees required between receipt/collection of the Selected Content from U of M and return of the Selected Content to U of M), hardware and software required to Digitize the […]

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L UM 03.1

Costs borne by U of M. U of M shall bear the following costs: U of M employees (other than staff scanning operators and staff employed to pull and return materials to the shelves, including reshelving) whose participation is contemplated by this Agreement (including all cost of U of M employees required to provide Selected […]

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L UM 03

COSTS

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SE 4

SAFE HARBOR NOTICES TO THE REGISTRY For each work as to which Google seeks the benefit of the safe harbor in Section 3.2(d)(v)(3) of the Settlement Agreement, Google shall disclose to the Registry (1) the title, author and ISBN code (if available) of such work, (2) the facts ascertained and/or conclusions drawn by Google about […]

Posted in Attachment E, Section E.4, Settlement | Comments closed

SE 3

RULE FOR PRE-1923 WORKS NOT PRESUMED U.S. PUBLICATIONS If a work (a) has a Reviewed Copyright Date that is before January 1, 1923, (b) is not a Presumed U.S. Publication, and (c) Presumably Does Not Contain a Copyright Notice, then Google shall search its own bibliographic and other records, and other records reasonably available to […]

Posted in Attachment E, Section E.3, Settlement | Comments closed

SE 2.4

Government Works If a work is a Presumed Government Work, then Google may submit such work to the Registry as a Public Domain Book pursuant to Section 3.2(d)(v)(2).

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SE 2.3

Lack of Renewal If a work (a) has a Reviewed Copyright Date that is before January 1, 1964, (b) is a Presumed U.S. Publication, (c) is not Presumably Contemporaneously Published Abroad, and (d) is Presumed Not Renewed, then Google may submit such work to the Registry as a Public Domain Book pursuant to Section 3.2(d)(v)(2).

Posted in Attachment E, Section E.2, Section E.2.3, Settlement | Comments closed

SE 2.2

Lack of Copyright Notice If a work (a) has a Reviewed Copyright Date before March 1, 1989, (b) is a Presumed U.S. Publication, (c) Presumably Does Not Contain a Copyright Notice, (d) is not Presumably Contemporaneously Published Abroad, and (e) is Presumed Not Registered or has a Presumed Registration Date that is not before or […]

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SE 2.1

Copyright Expiration by Copyright Date If (a) a work’s Reviewed Copyright Date is before January 1, 1923 and (b) the work is a Presumed U.S. Publication, then Google may submit such work to the Registry as a Public Domain Book pursuant to Section 3.2(d)(v)(2).

Posted in Attachment E, Section E.2, Section E.2.1, Settlement | Comments closed

SE 2

RULES FOR PRESUMED U.S. PUBLICATIONS

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SE 1.7

Registration and Registration Date To determine whether a work was registered with the United States Copyright Office and when it was registered, Google shall search either the United States Copyright Registration Records or a copy thereof. If such search discloses a registration record for the work then the registration date of such work will be […]

Posted in Attachment E, Section E.1, Section E.1.7, Settlement | Comments closed

SE 1.6

Presumed Government Work To determine whether a work was published by the United States Government, at least two people shall review at least the title page (and, if there is a copyright page, the copyright page, if a claim of copyright does not appear on the title page) of the work. If, without communication between […]

Posted in Attachment E, Section E.1, Section E.1.6, Settlement | Comments closed

SE 1.5

Renewal To determine whether a work was renewed with the United States Copyright Office, Google shall search either the United States Copyright Renewal Records or a copy thereof. If such search discloses a renewal record for the work, then the renewal date of such work will be that work’s “Presumed Renewal Date.” If such search […]

Posted in Attachment E, Section E.1, Section E.1.5, Settlement | Comments closed

SE 1.4

Contemporaneous Publication Abroad To determine whether a work was first published in a country other than the United States or contemporaneously outside and within the United States, Google shall search its own bibliographic and other records, and other records reasonably available to it (e.g., any online records of the United States Copyright Office or a […]

Posted in Attachment E, Section E.1, Section E.1.4, Settlement | Comments closed

SE 1.3

Copyright Notice To ascertain whether a work bears a copyright notice complying with the Copyright Act (“Copyright Notice”), at least two people shall review at least the title page (and the copyright page, if a Copyright Notice is not on the title page) of a work. If, without communication between two of such reviewers, they […]

Posted in Attachment E, Section E.1, Section E.1.3, Settlement | Comments closed

SE 1.2

Publication Place To ascertain a work’s place of publication, at least two people shall review at least the title page (and other pages, as appropriate, if the place of publication does not appear on the title page) of a work. If, without communication between two of such reviewers, they each found that either (a) a […]

Posted in Attachment E, Section E.1, Section E.1.2, Settlement | Comments closed

SE 1.1

Copyright Date To ascertain a work’s copyright date, at least two people shall review at least the title page (and other pages, as appropriate, if the copyright date does not appear on the title page) of a work. If, without communication between two of such reviewers, they each found the same copyright date, then that […]

Posted in Attachment E, Section E.1, Section E.1.1, Settlement | Comments closed

SE 1

FACTORS

Posted in Attachment E, Section E.1, Settlement | Comments closed

SE 0

For purposes of determining whether the safe harbor in Section 3.2(d)(v)(3) of the Settlement Agreement is applicable to Google’s use of a work, Google shall apply the factors and rules set forth in this Attachment E. Nothing in the Settlement Agreement requires Google to apply such factors or rules to any work but, if it […]

Posted in Attachment E, Section E.0, Settlement | Comments closed

SE

SAFE HARBOR PUBLIC DOMAIN PROCESS

Posted in Attachment E, Settlement | Comments closed

SF

PREVIEW USES No Preview * Anthologies Relevant BISAC codes: Class. Code Subject Heading DRA002000 Drama / Anthologies (multiple authors) FIC003000 Fiction / Anthologies (multiple authors) * Poetry Collections Relevant BISAC codes: Class. Code Subject Heading POE000000 Poetry / General POE007000 Poetry / African POE005010 Poetry / American/General POE005050 Poetry / American/African American POE001000 Poetry / […]

Posted in Attachment F, Settlement | Comments closed

SG

APPROVED LIBRARIES The libraries listed on this Attachment G are participants in the Google Library Project as of the Settlement Agreement Date. Columbia University Cornell University Harvard University New York Public Library Princeton University Stanford University University of California University of Michigan University of Texas University of Virginia University of Wisconsin Committee on Institutional Cooperation […]

Posted in Attachment G, Settlement | Comments closed

SB2 E

[The Exhibits of each Library-Registry (Cooperating ) Agreement will attach, or incorporate by reference, the following sections from the Settlement Agreement.] Exhibit A: Settlement Agreement Definitions [Relevant definitions from the Settlement Agreement] Exhibit B: Research Corpus [Section 7.2(d) (Research Corpus)] Exhibit C: Exercise of Collective Rights [Section 7.4 (Fully Participating Libraries’ and Cooperating Libraries’ Exercise […]

Posted in Attachment B2, Section B2.E, Settlement | Comments closed

SB2 9.10

(j) Counterparts. This Library Agreement may be signed in counterparts, each of which shall constitute a duplicate original. Execution by facsimile shall be fully and legally binding on a Party.

Posted in Attachment B2, Section B2.9, Section B2.9(j), Settlement | Comments closed

SB2 9.09

(i) Compliance with Law. Notwithstanding any other provision of this Library Agreement, nothing in this Library Agreement requires Library or the Registry to take any action that would violate any applicable law and neither of them shall be held to have breached this Library Agreement by omitting to take any action that, if taken, would […]

Posted in Attachment B2, Section B2.9, Section B2.9(i), Settlement | Comments closed

SB2 9.08

(h) Interpretation. The interpretive provisions of Section 17.32 (Interpretation) of the Settlement Agreement apply to this Library Agreement.

Posted in Attachment B2, Section B2.9, Section B2.9(h), Settlement | Comments closed

SB2 9.07

(g) No Waiver. The failure of either Party to act in the event of a breach of this Library Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches.

Posted in Attachment B2, Section B2.9, Section B2.9(g), Settlement | Comments closed

SB2 9.06

(f) Severability. If any provision of this Library Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Library Agreement shall otherwise remain in full force and effect and remain enforceable between the Parties.

Posted in Attachment B2, Section B2.9, Section B2.9(f), Settlement | Comments closed

SB2 9.05

(e) Assignment. Neither Party may assign any of its rights or delegate any of its duties under this Library Agreement without the prior written consent of the other Party, which shall not unreasonably be withheld or delayed. Any attempted assignment, delegation or transfer in derogation hereof shall be null and void. This Library Agreement shall […]

Posted in Attachment B2, Section B2.9, Section B2.9(e), Settlement | Comments closed

SB2 9.04

(d) Amendment. This Library Agreement may be amended by a written agreement signed by both Parties, only if such amendment does not impair the rights of Rightsholders under this Library Agreement.

Posted in Attachment B2, Section B2.9, Section B2.9(d), Settlement | Comments closed

SB2 9.03

(c) Entire Agreement. This Library Agreement, including exhibits, sets forth the entire agreement between the Registry and Library with respect to its subject matter.

Posted in Attachment B2, Section B2.9, Section B2.9(c), Settlement | Comments closed

SB2 9.02

(b) Governing Law. This Library Agreement shall be governed by and construed in accordance with the law of the State of _______________, without reference to principles of conflicts of laws. [Governing law to be specified in each Library-Registry Agreement. Governing law will be New York or the state in which Library is located if required […]

Posted in Attachment B2, Section B2.9, Section B2.9(b), Settlement | Comments closed

SB2 9.01

(a) Notices. Unless provided for to the contrary in this Library Agreement, any and all notices or other communications or deliveries required or permitted to be made under this Library Agreement shall be in writing and sent to the Parties at their addresses identified above (or as otherwise provided by notice given pursuant to this […]

Posted in Attachment B2, Section B2.9, Section B2.9(a), Settlement | Comments closed

SB2 9

Miscellaneous Provisions.

Posted in Attachment B2, Section B2.9, Settlement | Comments closed

SB2 8

Dispute Resolution. Library hereby agrees that all disputes arising under this Library Agreement shall be subject to Exhibit F (Dispute Resolution). Except as provided in Exhibit F (Dispute Resolution), any claims, disputes or actions arising under or to enforce this Library Agreement shall be commenced and maintained only in the U.S. District Court for the […]

Posted in Attachment B2, Section B2.8, Settlement | Comments closed

SB2 7.2

(b) Rightsholders. Library acknowledges and agrees that each Rightsholder is a third-party beneficiary of this Library Agreement, entitled to enforce it in accordance with Section 8.3 (Breaches – General Principles) of the Settlement Agreement as if such Rightsholder were a party hereto.

Posted in Attachment B2, Section B2.7, Section B2.7(b), Settlement | Comments closed

SB2 7.1

(a) Library. The Registry, on behalf of Rightsholders, acknowledges and agrees that Library is a third-party beneficiary of certain provisions of the Settlement Agreement, as set forth in and according to the terms of Exhibit E (Third-Party Beneficiary).

Posted in Attachment B2, Section B2.7, Section B2.7(a), Settlement | Comments closed

SB2 7

Third-Party Beneficiary.

Posted in Attachment B2, Section B2.7, Settlement | Comments closed

SB2 6.2

(b) Library Releases of Rightsholders. Without further action by anyone, as of the Effective Date, Library, for good and sufficient consideration, the receipt and adequacy of which are hereby acknowledged, shall be deemed to have fully, finally and forever released, relinquished, settled, and discharged, each Rightsholder Releasor and Class Counsel, from any and all Claims […]

Posted in Attachment B2, Section B2.6, Section B2.6(b), Settlement | Comments closed

SB2 6.1

(a) Use of Digital Copies by Library. Pursuant to Section 10.2(a) (Release of Google Releasees, Fully Participating Library Releasees, Cooperating Library Releasees, Public Domain Releasees and Other Library Releasees) of the Settlement Agreement, as of the Effective Date, Library is released by Rightsholder Releasors from the Cooperating Library Released Claims. Such section is set forth […]

Posted in Attachment B2, Section B2.6, Section B2.6(a), Settlement | Comments closed

SB2 6

Releases.

Posted in Attachment B2, Section B2.6, Settlement | Comments closed

SB2 5.3

(c) Limitation of Liability. In no event will Library or the Registry be liable for lost profits or any form of indirect, special, incidental, consequential or punitive damages of any character from any claims arising out of this Library Agreement, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not […]

Posted in Attachment B2, Section B2.5, Section B2.5(c), Settlement | Comments closed

SB2 5.2

(b) Disclaimer. The warranties explicitly set forth above are the only warranties provided herein and are in lieu of all other warranties by the Parties, express or implied, with respect to the subject matter of this Library Agreement.

Posted in Attachment B2, Section B2.5, Section B2.5(b), Settlement | Comments closed

SB2 5.1

(a) Mutual Warranties. Each Party represents and warrants to the other that (i) it has full power and authority to enter into this Library Agreement and to perform its obligations hereunder; and (ii) this Library Agreement constitutes its valid and binding obligation, enforceable against it in accordance with its terms.

Posted in Attachment B2, Section B2.5, Section B2.5(a), Settlement | Comments closed

SB2 5

Representations, Disclaimer And Limitation Of Liability.

Posted in Attachment B2, Section B2.5, Settlement | Comments closed

SB2 4.4

(d) Termination by Library. Library may terminate this Library Agreement at any time for any reason or for no reason, upon thirty (30) days’ notice to the Registry.

Posted in Attachment B2, Section B2.4, Section B2.4(d), Settlement | Comments closed

SB2 4.3

(c) Termination if Settlement Agreement Not Final. In the event that the Registry and Library agree that the Effective Date will never occur, this Library Agreement shall be null and void.

Posted in Attachment B2, Section B2.4, Section B2.4(c), Settlement | Comments closed

SB2 4.2

(b) Term. This Library Agreement shall continue in full force and effect until the last to expire of the U.S. copyright in each Book and Insert, unless otherwise terminated at an earlier date pursuant to Section 4(c) (Termination if Settlement Agreement Not Final) or Section 4(d) (Termination by Library).

Posted in Attachment B2, Section B2.4, Section B2.4(b), Settlement | Comments closed

SB2 4.1

(a) Effective Date. This Library Agreement, if not terminated pursuant to any provision hereof, shall become effective on the Library Agreement Effective Date.

Posted in Attachment B2, Section B2.4, Section B2.4(a), Settlement | Comments closed

SB2 4

Term And Termination.

Posted in Attachment B2, Section B2.4, Settlement | Comments closed

SB2 3

Digital Copy of Excluded Books. In the event that Google excludes a Book from one or more Display Uses for editorial reasons, and provides to the Registry a Digital Copy of such Book pursuant to Section 3.7(e)(i) (Digital Copy of Excluded Books) of the Settlement Agreement, then the Registry may, subject to Section 3.5 (Right […]

Posted in Attachment B2, Section B2.3, Settlement | Comments closed

SB2 2.6

(f) Fully Participating Libraries’ and Cooperating Libraries’ Exercise of Collective Rights. In each case in which the Fully Participating Libraries and the Cooperating Libraries have the right as a group to exercise or waive a right or grant or withhold consent under certain sections of the Settlement Agreement, as set forth in Exhibit C (Exercise […]

Posted in Attachment B2, Section B2.2, Section B2.2(f), Settlement | Comments closed

SB2 2.5

(e) Use of Research Corpus. The Registry, on behalf of itself and all Rightsholders, and Library agree to the terms and conditions set forth in Exhibit B (Research Corpus).

Posted in Attachment B2, Section B2.2, Section B2.2(e), Settlement | Comments closed

SB2 2.4

(d) Obligation to Delete. As of the Library Agreement Effective Date, Library hereby certifies that it has deleted or permanently rendered unusable any Digital Copies of Books provided by Google to Library prior to the Library Agreement Effective Date. If, after the Library Agreement Effective Date, Library discovers any such Digital Copies of Books or […]

Posted in Attachment B2, Section B2.2, Section B2.2(d), Settlement | Comments closed

SB2 2.3

(c) No Digital Copies Returned. Library has a Digitization Agreement with Google and provides Books subject to the Settlement Agreement to Google for Digitization but agrees that Google will not provide to Library any Digital Copies of Books subject to the Settlement Agreement, unless authorized by the Rightsholder.

Posted in Attachment B2, Section B2.2, Section B2.2(c), Settlement | Comments closed

SB2 2.2

(b) Non-Exclusive Digitization Rights. As of the Effective Date, in the United States, Library may provide Books and Inserts to Google in hard copy (including microform) format to be Digitized (or in a form Digitized by or for Library).

Posted in Attachment B2, Section B2.2, Section B2.2(b), Settlement | Comments closed

SB2 2.1

(a) Authorizations of Library. As of the Effective Date, the Registry authorizes Library to engage in the activities, and only the activities, set forth in this Library Agreement, and only in accordance with such terms and conditions as are applicable to those activities.

Posted in Section B2.2, Section B2.2(a), Settlement | Comments closed

SB2 2

Settlement Agreement Terms.

Posted in Attachment B2, Section B2.2, Settlement | Comments closed

SB2 1

Definitions. Capitalized terms have the meanings ascribed to them Exhibit A (Settlement Agreement Definitions).

Posted in Attachment B2, Section B2.1, Settlement | Comments closed

SB2

FORM OF LIBRARY-REGISTRY (COOPERATING) AGREEMENT

Posted in Attachment B2, Definitions | Comments closed

SB2 0

This LIBRARY-REGISTRY (COOPERATING) AGREEMENT (with all of the exhibits hereto, the “Library Agreement”) is entered into by and between ______________, a ___________ with its principal offices at _____________________ (the “Registry”), on behalf of itself and all Rightsholders, and _____________________, with its principal offices at ____________________________________ (“Library”), is entered into as of _________________ and is effective […]

Posted in Attachment B2, Section B2.0, Settlement | Comments closed

S 06

ARTICLE 6 – ESTABLISHMENT AND CHARTER OF REGISTRY

Posted in Article 06, Settlement | Comments closed

S 05

ARTICLE 5 – OTHER SETTLEMENT BENEFITS

Posted in Article 05, Settlement | Comments closed

S 04

ARTICLE 4 – ECONOMIC TERMS FOR GOOGLE’S USE OF BOOKS

Posted in Article 04, Settlement | Comments closed

S 03

ARTICLE 3 — GOOGLE BOOK SEARCH – RIGHTS, BENEFITS AND OBLIGATIONS

Posted in Article 03, Settlement | Comments closed

S 02

ARTICLE 2 — SETTLEMENT BENEFITS – OVERVIEW AND AUTHORIZATIONS

Posted in Article 02, Settlement | Comments closed

S 06.1.5

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

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

S 03.15.3

(c) Other Content. If content (e.g., text or images) in a Book is (i) in the public domain under the Copyright Act in the United States or (ii) subject to a Copyright Interest not owned by any Rightsholder of such Book or by any Rightsholder of any Insert in such Book, this Amended Settlement Agreement […]

Posted in Article 03, Section 3.15, Section 3.15(c), Settlement | Comments closed

S 03.15.2

(b) Inserts. A Rightsholder of an Insert has no rights under this Amended Settlement Agreement with respect to any Book or any portion of any Book in which such Insert appears, other than the Insert itself, e.g., a Rightsholder of an Insert has no right to Remove the Book in which his, her or its […]

Posted in Article 03, Section 3.15, Section 3.15(b), Settlement | Comments closed

S 03.15.1

(a) Books. A Book Rightsholder’s rights and Google’s authorizations under this Amended Settlement Agreement apply to all of the Protected Expression of such Rightsholder contained in a Book in which such Rightsholder holds a Copyright Interest.

Posted in Article 03, Section 3.15, Section 3.15(a), Settlement | Comments closed

S 03.15

Extent of Rights and Authorizations.

Posted in Article 03, Section 3.15, Settlement | Comments closed

S 03.14

Advertising Uses. Google may display advertisements on Preview Use pages and other Online Book Pages (“Advertising Uses”). Advertising on general search results pages in which the search is performed over multiple Books and/or over other content such as web pages in response to a user query is not considered to be an “Advertising Use,” even […]

Posted in Article 03, Section 3.14, Settlement | Comments closed

S 03.13

Communication of Rightsholder Directions to Google. Rightsholders shall communicate to the Registry or, at their election and provided that Google implements an Online interface for such purpose, directly to Google, all directions for Removal, exclusion, inclusion, and pricing, and any other directions for Books and Inserts provided for in this Amended Settlement Agreement. If, however, […]

Posted in Article 03, Section 3.13, Settlement | Comments closed

S 03.12

Use of Digital Copies. Except as permitted by Sections 3.7(c) (Additional Contemplated Rightsholder Services Provider), 3.7(e) (Google’s Exclusion of Books), 7.2(b)(ix) (Other Uses), 7.2(e)(ii) (Third-Party Required Library Services Provider) or 7.2(g)(ii)(2) (Alternative Accommodated Service Provider), neither Rightsholders nor the Registry may authorize any Person to use Digital Copies of their Books or Inserts made by […]

Posted in Article 03, Section 3.12, Settlement | Comments closed

S 03.11

Hosted Version for Rightsholders. Upon request by a Rightsholder of a Book, Google will provide a hosted version of such Book for use in conjunction with such Rightsholder’s website, similar to Google’s hosted version of Books in the Google Partner Program. Such hosted version will contain the “look and feel” of the Rightsholder’s website with […]

Posted in Article 03, Section 3.11, Settlement | Comments closed

S 03.10.3.3

(iii) Advertising Content. Google may not place on, behind or over the contents of a Book or portion thereof (including on Preview Use pages or Snippet Display pages), as displayed to a user, any pop-up, pop-under, or any other types of advertisements or content of any kind. In addition to a Rightsholder’s right to exclude […]

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(iii), Settlement | Comments closed

S 03.10.3.2.5.5

e) for sharing of a Book Annotation as part of an Institutional Subscription, the user may only share such Book Annotation with the following other users of such Institutional Subscription: instructors and students in a single academic course sharing such Book Annotation in connection with such course during an academic year or with students of […]

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(5), Section 3.10(c)(ii)(5)(e), Settlement | Comments closed

S 03.10.3.2.5.4

d) for sharing of a Book Annotation in connection with chase, the user may only share such Book Annotation with no more than twenty-five (25) individuals and the user must identify (e.g., by name, login or user id) each individual with whom such Book Annotation will be shared, and

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(5), Section 3.10(c)(ii)(5)(d), Settlement | Comments closed

S 03.10.3.2.5.3

c) Book Annotations may not be displayed with the Book for other users who do not already have the right to view the Book, and

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(5), Section 3.10(c)(ii)(5)(c), Settlement | Comments closed

S 03.10.3.2.5.2

b) Book Annotations may not be accessible to any user pressly chosen to access it either by active selection or by participation in a group such as a class for which this feature is used, and

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(5), Section 3.10(c)(ii)(5)(b), Settlement | Comments closed

S 03.10.3.2.5.1

a) Book Annotations may not be shared with the general public, and

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(5), Section 3.10(c)(ii)(5)(a), Settlement | Comments closed

S 03.10.3.2.5

(5) Subject to the Rightsholder’s right to exclude its Books from the Book Annotation sharing feature, allow a user to make Book Annotations for the user’s own personal use and to share those Book Annotations with a limited number of other users, provided that the feature that enables Book Annotations within Google Products and Services […]

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(5), Settlement | Comments closed

S 03.10.3.2.4

(4) temporarily highlight or otherwise emphasize words in response to a user’s action, so long as such highlight or emphasis appears only on the user’s monitor and/or on a page printed by such user, and

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(4), Settlement | Comments closed

S 03.10.3.2.3

(3) add a hyperlink to a URL that the Rightsholder included in a Book,

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(3), Settlement | Comments closed

S 03.10.3.2.2

(2) add a hyperlink from an explicit reference in the Book to an online version of an external source cited in a footnote, endnote, or bibliographical material,

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(2), Settlement | Comments closed

S 03.10.3.2.1

(1) add hyperlinks within the Book for specific internal references from text contained within the Book to other sections of the Book, such as from a table of contents entry to the referenced page, from a page number in the index to the page, or from internal references in the Book to footnotes, endnotes, bibliographical […]

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(ii), Section 3.10(c)(ii)(1), Settlement | Comments closed

S 03.10.3.2

(ii) Hyperlinks and Book Annotations. Except as expressly authorized by the Registered Rightsholder or the Registry , for unclaimed Books, by the Unclaimed Works Fiduciary, Google may not add hyperlinks to any content within a page of a Book or facilitate the sharing of Book Annotations, except that Google may:

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(ii), Settlement | Comments closed

S 03.10.3.1

(i) No Alteration of Text. Except as expressly authorized by the Registered Rightsholder or the Registry, for unclaimed works, by the Unclaimed Works Fiduciary, or in this Amended Settlement Agreement, Google may not intentionally alter the text of a Book or Insert when displayed to users. Changes in the formatting or presentation of text are […]

Posted in Article 03, Section 3.10, Section 3.10(c), Section 3.10(c)(i), Settlement | Comments closed

S 03.10.3

(c) Integrity of the Text.

Posted in Article 03, Section 3.10(c), Settlement | Comments closed

S 03.10.2

(b) Prohibitions on Linking. Except as expressly permitted by this Amended Settlement Agreement or otherwise by Registered Rightsholders or, for unclaimed Books, by the Unclaimed Works Fiduciary, Rightsholders or the Registry, Google shall not create hyperlinks to Preview Use Book pages permitted by the terms of this Amended Settlement Agreement from revenue generating products or […]

Posted in Article 03, Section 3.10, Section 3.10(b), Settlement | Comments closed

S 03.10.1

(a) Prohibitions on Display. Except as expressly permitted by this Amended Settlement Agreement or otherwise by Registered Rightsholders or the Registry ,for unclaimed works, by the Unclaimed Works Fiduciary, Google shall not (i) display any Expression from Books or Inserts; (ii) display any Expression from Books or Inserts in a manner that would constitute a […]

Posted in Article 03, Section 3.10, Section 3.10(a), Settlement | Comments closed

S 03.10

Specific Prohibitions.

Posted in Article 03, Section 3.10, Settlement | Comments closed

S 03.09

Distribution Arrangements. When Google may make any Snippet Display of a Book under this Amended Settlement Agreement, Google may also allow third parties that have entered into agreements with Google (a) to display snippets served by Google on their websites in response to user interactions on their websites and (b) to cache temporarily snippets transmitted […]

Posted in Article 03, Section 3.9, Settlement | Comments closed

S 03.08.2

3.8 (b) Effect of Changes in Law. Google will be able to take advantage of any tion allowing the use of orphan works (if enacted), that put Google at a competitive disadvantage in its use of Books in any Google Products and Services that are subject to this Amended Settlement Agreement; provided, however, that Google […]

Posted in Article 03, Section 3.8, Section 3.8(b), Settlement | Comments closed

S 03.08.1

(a) Effect of Other Agreements. The Registry (and any substantially similar entity organized by Rightsholders that is using any data or resources that Google provides, or that is of the type that Google provides, to the Registry relating to this Settlement) will extend economic and other terms to Google that, when taken as a whole, […]

Posted in Article 03, Section 3.8, Section 3.8(a), Settlement | Comments closed

S 03.08

Effect of Other Agreements and Changes in Law.

Posted in Article 03, Section 3.8, Settlement | Comments closed

S 03.03.6

(f) Author Landing Page Links. If, in any Display Use of a Book in GBS for which Display Use is authorized pursuant to this Amended Settlement Agreement, Google presents any web page (i) dedicated to an individual author that includes hyperlinks to that author’s Books and other features, or (ii) with content from a Book […]

Posted in Article 03, Section 3.3, Section 3.3(f), Settlement | Comments closed

S 03.03.5

(e) Change to No Display. Rightsholders of Books may, pursuant to Section3.2(e)(i) (Change Requests by Rightsholders), direct Google or the Registry to change the classification of a Display Book to a No Display Book.

Posted in Article 03, Section 3.3, Section 3.3(e), Settlement | Comments closed

S 03.03.4

(d) Accommodation of Print Disabilities. Google may provide the Display Uses in a manner that accommodates users with Print Disabilities so that such users have a substantially similar user experience as users without Print Disabilities.

Posted in Article 03, Section 3.3, Section 3.3(d), Settlement | Comments closed

S 03.03.3

(c) Inserts in Government Works and Public Domain Books. Google may use all Inserts in Government Works and Public Domain Books in connection with any uses of such Government Works and Public Domain Works in Google Products and Services, subject to Section 3.5(b) (Right to Exclude from Display Uses and Revenue Models).

Posted in Article 03, Section 3.3, Section 3.3(c), Settlement | Comments closed

S 03.03.2

(b) Inserts in Display Books. If a Book is classified as a Display Book, then, subject to Section 3.5 (Right to Remove or Exclude), Google may make Display Uses and Non-Display Uses of all Inserts in such Book. If a Book is classified as a No Display Book, then all Inserts in that Book are […]

Posted in Article 03, Section 3.3, Section 3.3(b), Settlement | Comments closed

S 03.03.1

(a) Display and Non-Display Uses. Subject to Section 3.5 (Right to Remove or Exclude) and Section 4.3 (Preview Uses), Google may make Display Uses and Non-Display Uses of all Display Books; provided, however, that Google will not make Display Uses of any Book that Google has classified as not Commercially Available until the later of […]

Posted in Article 03, Section 3.3, Section 3.3(a), Settlement | Comments closed

S 03.03

Display Books.

Posted in Article 03, Section 3.3, Settlement | Comments closed

S 03.02.5.2

(ii) Change Requests by Google. At any time after one (1) year from the Final Approval Date, Google shall have the right to request that the classification of a Book be changed to a Display Book if Google believes that the Book is not Commercially Available at that time, or if Google believes that a […]

Posted in Article 03, Section 3.2, Section 3.2(e), Section 3.2(e)(ii), Settlement | Comments closed

S 03.02.5.1

(i) Change Requests by Rightsholders. For all Books, the Registered Rightsholder of the Book or the Registry, for unclaimed Books, the Unclaimed Works Fiduciary (subject to the last sentence of this Section 3.2(e)(i) (Change Requests by Rightsholders) may direct Google or the Registry to change the classification of a Book or group of Books to […]

Posted in Article 03, Section 3.2, Section 3.2(e), Section 3.2(e)(i), Settlement | Comments closed

S 03.02.5

(e) Change of Display/No Display Classification.

Posted in Article 03, Section 3.2, Section 3.2(e), Settlement | Comments closed

S 03.02.4.5.3

(3) Safe Harbor. If, with respect to a book, Google has followed the process set forth in Attachment E (Public Domain) and neither the Registry nor a Rightsholder has notified Google pursuant to Section 3.2(d)(v)(2) (List), then Google may treat such book as if it is in the public domain under the Copyright Act in […]

Posted in Article 03, Section 3.2, Section 3.2(d), Section 3.2(d)(v), Section 3.2(d)(v)(3), Settlement | Comments closed

S 03.02.4.5.2

(2) List. Google shall identify to the Registry books that it has determined to be Public Domain Books pursuant to the process set forth in Attachment E (Public Domain) and for which Google wants the safe harbor described in Section 3.2(d)(v)(3) (Safe Harbor). For each such book, Google shall provide the supporting reasons and information […]

Posted in Article 03, Section 3.2, Section 3.2(d), Section 3.2(d)(v), Section 3.2(d)(v)(2), Settlement | Comments closed

S 03.02.4.5.1

(1) Safe Harbor Process. Attachment E (Public Domain) sets forth the process by which Google may determine whether a book is a Public Domain Book for the sole purpose of determining whether Section 3.2(d)(v)(3) (Safe Harbor) is applicable. Attachment E (Public Domain) may be amended by Google and the Registry from time to time if […]

Posted in Article 03, Section 3.2, Section 3.2(d), Section 3.2(d)(v), Section 3.2(d)(v)(1), Settlement | Comments closed

S 03.02.4.5

(v) Safe Harbor Public Domain Determination.

Posted in Article 03, Section 3.2, Section 3.2(d), Section 3.2(d)(v), Settlement | Comments closed

S 03.02.4.4

(iv) Disputes. The Registry and Google shall work together to resolve any disputes regarding the determination of whether a Book is Commercially Available. If they are unable to do so, then the dispute shall be resolved pursuant to Article IX (Dispute Resolution). If the Arbitrator, in such dispute, finds in favor of the Rightsholder, then […]

Posted in Article 03, Section 3.2, Section 3.2(d), Section 3.2(d)(iv), Settlement | Comments closed

S 03.02.4.3

(iii) Mistakes. If a Book was mistakenly determined by Google not to be Commercially Available, then the Rightsholder of the Book may notify Google, or may authorize the Registry to notify Google, of such mistaken determination. To verify the claim, the Registry will provide, upon Google’s reasonable request, information supporting any assertion by the Rightsholder […]

Posted in Article 03, Section 3.2, Section 3.2(d), Section 3.2(d)(iii), Settlement | Comments closed

S 03.02.4.2

(ii) In-Print/Out-of-Print. Google’s initial determination of whether or not a Book is Commercially Available will be used to initially classify Books as “In-Print” or “Out-Of-Print,” as such classifications are defined in the Author-Publisher Procedures, and only for purposes of the Settlement. Google shall provide the Registry with the determination as to whether a Book is […]

Posted in Article 03, Section 3.2, Section 3.2(d)(ii), Settlement | Comments closed

S 03.02.4.1.2

(2) Public Domain Principal Work. Public Domain Principal Work. If a Book’s Principal Work is in the public domain under the Copyright Act in the United States, and that Book is Commercially Available and also contains an Insert (i.e., content that qualifies as an Insert and is not in the public domain under the Copyright […]

Posted in Article 03, Definitions, Section 3.2, Section 3.2(d), Section 3.2(d)(i), Section 3.2(d)(i)(2) | Comments closed

S 03.02.4.1.1

(1) In-Copyright Principal Work. If a Book’s Principal Work is not in the public domain under the Copyright Act in the United States and that Book is Commercially Available, then any other Book that has the same Principal Work (such as a previous edition) is also deemed to be Commercially Available, whether or not such […]

Posted in Article 03, Section 3.2, Section 3.2(d), Section 3.2(d)(i), Section 3.2(d)(i)(1), Settlement | Comments closed

S 03.02.4.1

(i) Basis for Determination. Google shall determine whether a Book is Commercially Available or not Commercially Available based on an its analysis of multiple third-party databases as well as an its analysis of the Book’s retail availability based on information that is publicly available on the Internet to it on the Internet. Google will use […]

Posted in Section 3.2, Section 3.2(d), Section 3.2(d)(i), Settlement | Comments closed

S 03.02.4

(d) Commercial Availability, In Print/Out of Print and Public Domain Determination.

Posted in Article 03, Section 3.2, Section 3.2(d), Settlement | Comments closed

S 03.02.3

(c) Notification of Display/No Display Classification. The Books Database will identify whether a Book has been classified as a Display Book or a No Display Book.

Posted in Article 03, Section 3.2, Section 3.2(c), Settlement | Comments closed

S 03.02.2

(b) Display/No Display Classification. Google will initially classify a Book as No Display if it is determined to be Commercially Available as of the Notice Commencement Date, and Display if it is determined not to be Commercially Available as of the Notice Commencement Date. A Rightsholder, Google, or the Registry (pursuant to Section 3.2(e)(i) (Change […]

Posted in Section 3.2, Section 3.2(b), Settlement | Comments closed

S 03.02.1

(a) General Guidelines. Pursuant to Section 3.2(b). (Display/No Display Classification), Google and the Registry will classify all Books in one of two categories, either Display Books, as described in Section 3.3 (Display Books), or No Display Books, as described in Section 3.4 (No Display Books).

Posted in Article 03, Section 3.2, Section 3.2(a), Settlement | Comments closed

S 03.02

Initial Display and No Display Book Classification.

Posted in Article 03, Section 3.2, Settlement | Comments closed

S 02.4

Non-Exclusivity of Authorizations. The authorizations granted to Google in this Amended Settlement Agreement are non-exclusive only, and nothing in this Amended Settlement Agreement shall be construed as limiting any Rightsholder’s right to authorize, through the Registry or otherwise, any Person, including direct competitors of Google, to use his, her or its Books or Inserts in […]

Posted in Article 02, Section 2.4, Settlement | Comments closed

S 02.3

Author-Publisher Procedures. All rights of Books Rightsholders under this Amended Settlement Agreement are subject to the Author-Publisher Procedures.

Posted in Article 02, Section 2.3, Settlement | Comments closed

S 02.2

Authorization of Google, Fully Participating Libraries and Cooperating Libraries. In exchange for the benefits conferred in this Amended Settlement Agreement on Plaintiffs and Rightsholders, Rightsholders, as of the Effective Date, authorize (a) Google to make Display Uses and Non-Display Uses of their Books and Inserts in GBS and other Google Products and Services, (b) each […]

Posted in Article 02, Section 2.2, Settlement | Comments closed

S 02.1.5

(e) Summary Only. This Section 2.1 (Benefits to the Amended Settlement Class – Overview) is a summary of some of the provisions of this Amended Settlement Agreement and issubject to all of the other provisions of this Amended Settlement Agreement.

Posted in Article 02, Section 2.1, Section 2.1(e), Settlement | Comments closed

S 02.1.4

(d) Attorneys’ Fees and Costs. Google shall pay Plaintiffs’ attorneys’ fees and costs in accordance with Section 5.5 (Attorneys’ Fees).

Posted in Article 02, Section 2.1, Section 2.1(d), Settlement | Comments closed

S 02.1.3

(c) Registry/Notice/Claims Administration Funding. Google shall is obligated to pay thirty-four and one-half million United States dollars (U.S. $34.5 million) (of which twelve million United States dollars (U.S. $12 million) has been paid) to fund the launch and the initial operations of the Registry and to fund other Administrative Costs. The Registry will be responsible […]

Posted in Article 02, Section 2.1, Section 2.1(c), Settlement | Comments closed

S 02.1.2

(b) Cash Payment. Google shall pay a minimum of forty-five million United States dollars (U.S. $45 million) into the Settlement Fund to pay Amended Settlement Class members whose Books and Inserts have been Digitized prior to the Opt-Out Deadline. on or before May 5, 2009. Such forty-five million United States dollars (U.S. $45 million) will […]

Posted in Article 02, Section 2.1, Section 2.1(b), Settlement | Comments closed

S 02.1.1

(a) Google Book Search. Google is authorized to, in the United States, sell subscriptions to the Institutional Subscription Database, sell individual Books, place advertisements on Online Book Pages, and make other commercial uses of Books, all as further described in this Amended Settlement Agreement. Google shall pay to the Registry, for the benefit of the […]

Posted in Article 02, Section 2.1, Section 2.1(a), Settlement | Comments closed

S 02.1

Benefits to the Amended Settlement Class – Overview.

Posted in Article 02, Section 2.1, Settlement | Comments closed

S 03.01.2.4.2

(2) Insert Identification. For content that may be an Insert, the Books Database will allow any Person who might be a member of the Amended Settlement Class to submit a digital copy of his, her or its content that may be an Insert or to otherwise identify such content that may be an Insert, and […]

Posted in Article 03, Section 03.1, Section 03.1(b), Section 3.1(b)(iv), Section 3.1(b)(iv)(2), Settlement | Comments closed

S 03.01.2.4.1

(1) Submission. The Books Database will allow each member of the Amended Settlement Class to submit identifying information regarding his, her or its Inserts, such as the Books, Public Domain Books with a copyright date after 1922 or Government Works in which such Inserts were published, the location of such Inserts within Books, Public Domain […]

Posted in Article 03, Section 03.1, Section 03.1(b), Section 3.1(b)(iv), Section 3.1(b)(iv)(1), Settlement | Comments closed

S 03.01.2.4

(iv) Inserts.

Posted in Article 03, Section 03.1, Section 03.1(b), Section 3.1(b)(iv), Settlement | Comments closed

S 03.01.2.3

(iii) Books. Google will also allow members of the Amended Settlement Class to submit bibliographic information (e.g., title, author, and publication date) for Books not in the Books Database.

Posted in Article 03, Section 03.1, Section 03.1(b), Section 03.1(b)(iii), Settlement | Comments closed

S 03.01.2.2

(ii) Books Database. As of the Notice Commencement Date, Google, with or through the Registry, will make Google has made a searchable online database available to members of the Amended Settlement Class through the Internet (1) for the purpose of identifying all Books, Public Domain Books with a copyright date after 1922 and Government Works […]

Posted in Article 03, Section 03.1, Section 03.1(b), Section 03.1(b)(ii), Settlement | Comments closed

S 03.01.2.1

(i) List of Digitized Books and Government Works. As of the Notice Commencement Date, and upon Plaintiffs’ request, Google will provide Google has previously provided Plaintiffs, in a form mutually agreed, with a list of the Books, Public Domain Books with a copyright date after 1922 and Government Works that Google has Digitized as of […]

Posted in Article 03, Section 03.1, Section 03.1(b), Section 03.1(b)(i), Settlement | Comments closed

S 03.01.2

(b) Identification of Digitized Books and Government Works.

Posted in Article 03, Section 03.1, Section 03.1(b), Settlement | Comments closed

S 03.01.1

(a) Non-Exclusive Digitization Rights. As of the Effective Date, in the United States (i) Google may, on a non-exclusive basis, Digitize all Books and Inserts obtained by Google from any source (whether obtained before or after the Effective Date), (ii) Library-Registry (Fully Participating) Agreements may provide Books and Inserts to Google in hard copy (not […]

Posted in Article 03, Section 03.1, Section 03.1(a), Settlement | Comments closed

S 03.01

Digitization, Identification and Use of Books.

Posted in Article 03, Section 03.1, Settlement | Comments closed

S 06.6.2

(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 […]

Posted in Section 6.6, Section 6.6(b), Settlement | Comments closed

S 06.6.1.7

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

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

S 06.6.1.6

(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.

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

S 06.6.1.5

(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.

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

S 06.6.1.4

(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).

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

S 06.6.1.3

(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.

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

S 06.6.1.2

(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 […]

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

S 06.6.1.1

(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.

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

S 06.6.1

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

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

S 06.6

Exchange of Data between Google and the Registry.

Posted in Article 06, Section 6.6, Settlement | Comments closed