Category Archives: Section 3.2(e)(ii)

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), Settlement | Comments closed