Category Archives: Section 1.72

S 01.072

3 responses to “S 01.072”

  1. SCanzoneri says:

    A problem with this section is that the term “children’s Book” is not defined elsewhere in the Agreement. Because this section says that pictorial works such as photographs and illustrations are not “inserts” unless they are children’s Book illustrations, the lack of a definition of “children’s book” could cause confusion in the administration of the settlement.

    One gets the feeling that the people who drafted the Agreement had traditional picture books in mind, but the range of illustrative material in children’s books today is very wide.

  2. The proposed definition suggested by four authors is:

    Children’s Book means any Book that is marketed to or read by or to children under 18 and/or used in elementary, middle, or secondary schools, including textbooks.

  3. SCanzoneri says:

    Mr. Grimmelmann, I am really impressed by how on top of the case you are. Actually, I’m one of the people advocating for this definition. (The idea came up after I prepared an article explaining the settlement to other members of the Children’s Book Guild of Washington DC.) I think I am also (cringe) the one responsible for missing a typo in it. The language should have a “be” where there is an “or” is , so the definition goes …. “marketed to be read by or to children” ….

    Another thing we are advocating is that Google give public school libraries Free Access Service licenses, as well as giving such licenses to public libraries. If the Agreement included a definition of “children’s Book”, Google could offer public school libraries a Children’s Public Access Service license that is limited to children’s books in the Institutional Subscription Base.

    From our own experiences, we know that many children — particularly disadvantaged children — do not get into public libraries. In addition, even if kids do go to a public library, even very liberal parents may not want the kids going into the Institutional Subscription Base. Anyone who spends time with middle school children can easily imagine a 12 year old finding pages from the Kama Sutra or The Joy of Sex, printing them out, showing them off on the playground, and creating all sorts of bother and embarrassment.

    We don’t have any idea whether our suggestions will get anywhere — either with the Court or with the parties. But for people who write & illustrate books for kids it is difficult to understand why the biggest library in history seems to be being built without a children’s section.

Insert” means the following content, if and to the extent such content is independently Protected by the Copyright Act and, if a “United States work” as defined in 17 U.S.C. § 101, is covered by a registration with the United States Copyright Office as of the Notice Commencement Date,January 5, 2009, either as a stand-alone work or as part of another, registered work from which it was excerpted, and is either (a) contained in a Book if there is no Person who has a Copyright Interest in such content andas well as a Copyright Interest in such Book’s Principal Work, (b) contained in a Public Domain Book, or (c) contained in a Government Work that, on or before the Notice Commencement Date,January 5, 2009 was published or distributed to the public or made available for public access: (i) text, such as forewords,afterwords, prologues, epilogues, essays, poems, quotations, letters, song lyrics, or excerpts from other Books, Periodicals or other works; and(ii) children’s Book illustrations; (iii) musical notation (i.e., notes on a staff or tablature); and (iv) tables, charts and graphs. The term “Insert” does not include (1) pictorial works, such as photographs, illustrations (other than children’s Book illustrations), maps or , paintings, or music notation (i.e., notes on a staff or tablature)or (2) works that are in, or as they become in, the public domain under the Copyright Act in the United States.

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