Category Archives: Section 3.2(e)(i)

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), Settlement | Comments closed