Category Archives: Section 03.1(a)

S 03.01.1

3 responses to “S 03.01.1”

  1. Copyright law distinguishes nonexclusive licenses from transfers of ownership; the settlement makes clear that this is the former. Google does not take ownership of any copyrights

  2. In the case of orphan works, the authorization may well be effectively exclusive, since no one else will be able to obtain a license. But as a matter of formal copyright law, it’s nonexclusive.

  3. Gillian Spraggs says:

    ‘The authorizations to use Books and Inserts provided for by this Settlement Agreement’

    From whom, or what, does the authorization come? From the court?

    (Sorry to have posted this twice. I mistakenly clicked on the wrong link the first time.)

(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 including microform) format to be Digitized (or in a form Digitized by or for such Fully Participating Library or Cooperating Library), and (iii) Google and Fully Participating Libraries may use such Books and Inserts as provided in this Amended Settlement Agreement and the Library-Registry (Fully Participating) Agreements. The authorizations to use Books and Inserts provided for by this Amended Settlement Agreement or a Library-Registry Agreement are not transfers of copyright ownership to such Books or Inserts, and nothing in this Amended Settlement Agreement or a Library-Registry Agreement shall operate to transfer any copyright ownership in Books or Inserts. The foregoing authorization for Google to Digitize Books and Inserts includes authorization of Google’s contractors to Digitize Books and Inserts for Google, including libraries that may Digitize Books and Inserts, or portions thereof, at Google’s request.

Also posted in Article 03, Section 03.1, Settlement | Comments closed