Category Archives: Agreement UM 4.4.9

L UM 04.4.09

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Consent to Distribution.

Also posted in Agreement UM 4, Agreement UM 4.4, Argreement UM, Library Agreement | Comments closed

L UM 04.4.09.1

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(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 grant) Google the right to copy and distribute Digital Copies of a Book of such Rightsholder without charge to users (and the right to sublicense such rights) (provided such Rightsholder holds rights in the Book sufficient to grant Google all such rights), and (ii) a Digital Copy of such Book is contained in the U of M Digital Copy, then for as long as Google has (or for as long as such Rightsholder offered to grant) such rights to copy and distribute set forth in clause (i) and subject to the terms of the Library-Registry (Fully Participating) Agreement, applicable law and authorization from the Rightsholder, U of M may distribute the Digital Copy of such Book contained in the U of M Digital Copy in accordance with all the terms and conditions set forth in Section 4.4.4 of this Agreement that are applicable to U of M’s ability to distribute public domain works until such Book rises into the public domain.

Also posted in Agreement UM 4, Agreement UM 4.4, Agreement UM 4.4.9(a), Argreement UM, Library Agreement | Comments closed

L UM 04.4.09.2

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(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 (or at the request of U of M, offers to grant) Google the right to copy and distribute Digital Copies of such work without charge to users (and the right to sublicense such rights) (provided such rightsholder holds rights in the work sufficient to grant Google all such rights), and (ii) a Digital Copy of such work is contained in the U of M Digital Copy, then for as long as Google has (or for as long as such rightsholder offered to grant) such rights to copy and distribute set forth in clause (i) and subject to applicable law and authorization from the rightsholder, U of M may distribute the Digital Copy of such work contained in the U of M Digital Copy in accordance with all the terms and conditions set forth in Section 4.4.4 of this Agreement that are applicable to U of M’s ability to distribute public domain works until such work rises into the public domain.

Also posted in Agreement UM 4, Agreement UM 4.4, Agreement UM 4.4.9(b), Argreement UM, Library Agreement | Comments closed