Category Archives: Section 3.5(a)

S 03.05.1

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(a) Right to Remove.

Also posted in Article 03, Section 3.5, Settlement | Comments closed

S 03.05.1.1

5 responses to “S 03.05.1.1”

  1. I’d missed this point, till I read the objection by Arlo Guthrie et al (p. 7): an author of an insert is not given the right to direct that his/her work be removed.

    That is outrageous.

  2. It’s pretty much opt out or nothing for Insert owners.

  3. Well, I am more than ever glad that I had the sense to opt out. But there are going to be a lot of poets, essayists and short story writers caught unwittingly in this trap, and some of them, I predict, are going to be pretty upset. I know that some of the people who have opted in have done so because they believed that that would be the best way to arrange to have their works removed.

  4. I’m curious what the interface for opting out with respect to Inserts looks like. I was able to find some of my own “books” in the database (they’re not registered, so I’m not a class member, but I didn’t see inserts.

  5. I opted out by certified, tracked mail. When it apparently got eaten by the US postal service, I rang up the settlement administrators and arranged to scan it and send it attached to an email. At my request, they kindly emailed me back to tell me this had arrived: and my hard copy had finally turned up too.

    So I don’t know what the interface for opting out Inserts looks like. I sent them full publication details, ISBNs (in both forms) and page numbers.

    I do know one thing that ought to be noted by people opting out: one writer who opted out online failed to get a confirmation screen: which suggests to me that it crashed and failed to register his opt out. C. E. Petit at Scrivenor’s Error has stated that ‘the system does not appear very robust’, and I assume this is probably the kind of thing he means.

(i) Right to Remove. A Rightsholder of a Book may direct that his, her or its Book not be Digitized, or if already Digitized, that the Book be Removed. If a Book has not yet been Digitized when Google receives a Removal request for that Book, Google will use reasonable efforts not to Digitize that Book, but, in any event, will comply with the request to Remove. Google will implement a Rightsholder’s Removal direction within as soon as reasonably practicable, but in any event no later than thirty (30) days after notice from the Registry, and in accordance with Section 3.5(b) (Right to Exclude from Display Uses and Revenue Models), will simultaneously act promptly to exclude a Book for which it has received a Removal request. A Fully Participating Library will implement a Rightsholder’s Removal direction within for a Book as soon as reasonably practicable, but in any event no later than ninety (90) days after notice from the Registry.

Also posted in Article 03, Section 3.5, Section 3.5(a)(i), Settlement | Comments closed

S 03.05.1.2

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(ii) Back-up Storage. Google and Fully Participating Libraries may maintain Books on back-up tapes or on any other back-up storage media subject to compliance with the Security Standard. If any back-up tape or other back-up storage media containing such Book is restored, then any Book that has been Removed pursuant to Section 3.5(a)(i) (Right to Remove) shall also be Removed from any copy made from the back-up tape or other back-up storage media.

Also posted in Article 03, Section 3.5, Section 3.5(a)(ii), Settlement | Comments closed

S 03.05.1.3

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(iii) Limitations on Right to Remove. The right to Remove under Section 3.5(a)(i) (Right to Remove) is limited to requests made within twenty-seven (27) months from the Notice Commencement Date on or before April 5, 2011 for Removal as described in Section 1.126(a) (Removed) or after April 5, 2011 but on or before March 9, 2012, for Removal as described in Section 1.126(b) (Removed). Thereafter, requests will be honored only to the extent that the Books have not yet been Digitized as of the date the request is made; if the Books at issue have already been Digitized, the Rightsholder may request exclusion from particular Display Uses (under Section 3.5(b)(i) (Right to Exclude)) but not Removal (under Section 3.5(a)(i) (Right to Remove)).

Also posted in Article 03, Section 3.5, Section 3.5(a)(iii), Settlement | Comments closed