Category Archives: Section 2.1

S 02.1

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Benefits to the Amended Settlement Class – Overview.

Also posted in Article 02, Settlement | Comments closed

S 02.1.1

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(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 Rightsholders, seventy percent (70%) of all revenues earned by Google through uses of Books in Google Products and Services in the United States authorized under this Amended Settlement Agreement, less ten percent (10%), for Google’s operating costs, deducted from such revenues prior to such calculation (i.e., sixty-three percent (63%) of all revenues earned by Google through uses of Books in Google Products and Services in the United States authorized under this Amended Settlement Agreement). The Registry will distribute the revenues to Rightsholders pursuant to the provisions of the Plan of Allocation.

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

S 02.1.2

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(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 be distributed from the Settlement Fund in the form of Cash Payments of at least sixty United States dollars (U.S. $60) per Principal Work; fifteen United States dollars (U.S. $15) per Entire Insert; and five United States dollars (U.S. $5) per Partial Insert in accordance with the Plan of Allocation. To the extent that funds greater than forty-five million United States dollars(U.S. $45 million) are required in order to pay every such Amended Settlement Class member his, her or its Cash Payment, Google shall make an additional payment to enable such Cash Payments to be made to the Rightsholders from the Settlement Fund. To the extent fundsremain from the forty-five million United States dollars (U.S. $45 million) after all Cash Payments are made, such excess will be distributed pursuant to the Plan of Allocation.

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

S 02.1.3

2 responses to “S 02.1.3”

  1. Gillian Spraggs says:

    ‘The Registry will be responsible for… representing the interests of Rightsholders’.

    A Rightsholder is defined (1.132) as ‘a member of the Settlement Class who does not opt out of the Settlement by the Opt-Out Deadline’.

    That has to mean the authors of the misleadingly-termed ‘orphan works’, the ‘non-active’ rights-holders, as well as the ‘registered’ rights-holders.

    Under UK law that would mean, surely, that the Registry and its officers owe fiduciary duties towards the ‘non-active’ rights-holders. There must, surely, be some equivalent under US law.

    A legal website in the UK gives a definition of fiduciary duties that includes the following: ‘A fiduciary … may not act to their own advantage or the benefit of a third person without the fully informed consent of the principal.’ The Settlement would seem to breach this principle, since the ‘non-active’ rights-holders, by definition, cannot give consent, informed or otherwise, to the actions of Google and the Registry.

  2. Yes, this clause will require that the Registry will owe duties to non-active rights-holders. The scope of those duties, though, are defined by the legal document that creates the fiduciary relationship, and here, I expect that the registry’s charter will be careful to explain that the registry doesn’t need specific consent from non-active rightsholders, provided it follows the terms of the settlement. The Registry can’t deliberately act against their interest, nor can it breach terms in the settlement itself.

    Bottom line: yes to fiduciary duties or something very similar, but informed consent is a default rule, not a mandatory one, and I read the settlement to modify that default rule.

(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 for locating and collecting information from Rightsholders, identifying and coordinating payments to Rightsholders, and otherwise representing the interests of Rightsholders under this Amended Settlement Agreement.

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

S 02.1.4

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

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

S 02.1.5

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(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.

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