Category Archives: Section 3.2(e)

S 03.02.5

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(e) Change of Display/No Display Classification.

Also posted in Article 03, Section 3.2, Settlement | Comments closed

S 03.02.5.1

2 responses to “S 03.02.5.1”

  1. Just noticed the following:

    The Registry shall be able to direct Google to change the classification of a Book to a Display Book or a group of Books to Display Books.

    No limitation is placed on this power that I can see. In 3.2(d)(ii) it states that the Registry may do this if it decides a book is out of print, but here there appears to be no qualification of time or reason, or any requirement that the Registry notify the rights-holder(s) (or the UWF).

  2. I have just found the crucial limitation: in 6.7:

    In no event, however, may the Registry direct Google to change the classification of a Book, include or exclude a Book or Insert in or from any Display Use, or take any other action, that is contrary to such Book or Insert Rightsholder’s express direction

(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 a Display Book or Display Books or to a No Display Book or No Display Books or to include in, or, pursuant to Section 3.5 (Right to Remove or Exclude), exclude any or all of his, her or its Books or group of Books from, one or more of the Display Uses. In the event the Rightsholder directs that any of his, her or its Books be included in one or more of the Display Uses, (1) the provisions of Section 3.5(b)(iii) (Coupling Requirement) will apply to such Books, (2) such Books will be considered Display Books, and (3) such Display Uses will be deemed authorized. Google will implement a direction to change the classification of a Book within thirty (30) days after Google receives notice of such direction. The Registry shall be able to direct Google to change the classification of a Book to a Display Book or a group of Books to Display Books. A direction to change the classification of a Book to a No Display Book or a group of Books to No Display Books, however, must be initiated by the Rightsholder of the Book or Books.

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

S 03.02.5.2

One response to “S 03.02.5.2”

  1. Gillian Spraggs says:

    But what if the book has been previously excluded from Display uses by the rights-holder under Section 3.5(b)(i)? Can Google use Section 3.2(e)(ii) to reopen the matter? This is important, since it would mean, effectively, that rights-holders might be repeatedly importuned on this matter indefinitely: with all sorts of scope for messages going astray, etc.

(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 mistake was made in initially determining the Book to be Commercially Available. Upon receipt of such a request from Google, the Registry shall have one hundred and twenty (120) days to attempt to contact the Rightsholder of the Book to inform such Rightsholder of such request and/or collect evidence with respect to whether the Book is Commercially Available. The Registry shall notify Google if it is able to contact such Rightsholder and will inform Google whether such Rightsholder wants the Book to remain classified as a No Display Book. If the Rightsholder of the Book provides evidence that the Book is Commercially Available or otherwise directs Google that he, she or it wants the Book to remain a No Display Book, or if the Registry otherwise determines that the Book is Commercially Available, then the Registry will notify Google, and Google will not change the classification of the Book to a Display Book at that time on that basis. If, by the end of the one hundred twenty (120)-day period, the Registry is unable to contact the Rightsholder or to find accurate evidence regarding whether the Book is Commercially Available, then the Registry shall inform Google and Google may change the classification of the Book to a Display Book, subject to Section 3.5 (Right to Remove or Exclude).

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