Category Archives: Section 3.5(b)(i)

S 03.05.2.1

3 responses to “S 03.05.2.1”

  1. Again, a point I had missed until I read the objection by Arlo Guthrie et al (p.12): the author of an insert is not given the right to exclude his/her work from revenue models, only from display uses.

    Again – it’s outrageous.

  2. One can understand why Google didn’t want to let Insert owners Exclude from Consumer Purchase — the consumer-protection issues in selling copies of books that had sections taken out would be such a nightmare that an exclusion of any insert would probably scotch the whole book.

    But yes, this is one of those provisions that — particularly for some classes of authors — is going to be quite a problem.

  3. It is also the case that the copyright in a work is exactly the same whether it is a full-length novel or a haiku. From a copyright point of view, the distinction between a book and a so-called insert doesn’t exist – they both get the same protection. That is the case in the UK, anyway. So according the author of a book more rights than the author of a short story is just – arbitrary. And, of course, oppressive to authors who write in short forms.

(i) Right to Exclude. Any Rightsholder of a Book at any time maydirect Google or the Registry to exclude his, her or its Book, or any portion thereof, from any one or more, or all, Display Uses, Revenue Models or the Book Annotation sharing feature under Section 3.10(c)(ii) (Hyperlinks and Book Annotations), and any Rightsholder of an Insert at any time may direct that his, her or its Insert, or any portion thereof, be excluded from all (but not less than all) Display Uses; provided that any Rightsholder of an Insert may only direct that his,her or its Insert, or any portion thereof, be excluded but not the entire Book, Public Domain Book or Government Work in which its Insert is contained.Google shall implement any such direction as follows. Google will implement a Rightsholder’s exclusion direction within promptly, but in any event no later than thirty (30) days after notice from the Registry or from resolution of the dispute in favor of such Rightsholder (in the case of a challenge under Section 3.5(b)(ii) (Challenging Insert Exclusion Requests) or Section 3.5(b)(vii) (Government Works and Public Domain Works)). Google shall use commercially reasonable efforts to develop a mechanism for excluding no more of Books or Inserts than Rightsholders direct. If, after using such commercially reasonable efforts, Google is unable to limit its exclusion to the Insert or portion of the Book or Insert directed by a Rightsholder, Google mayexclude up to the entire page or pages on which such Insert or portion appears. If, however, Google or the Registry develops a tool that enables Rightsholders to specify with precision the location and amount of material in an Insert or portion of a Book or Insert that is less than an entire page and for which the Rightsholder has directed exclusion, Google shall, upon receipt of such direction, exclude such Inserts or portions of Books or Inserts, but no more than that, from Display Uses as directed.

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

S 03.05.2.1.1

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(1) Exclusion from Library Digital Copy. Notwithstanding Section 3.5(b)(i) (Right to Exclude), no Rightsholder may direct that his, her or its Book or Insert be excluded from any Library Digital Copy provided, however, that, in the case of a Book, a Rightsholder of the Book may request Removal of such Book pursuant to Section 3.5(a) (Right to Remove).

Also posted in Article 03, Section 3.5, Section 3.5(b), Section 3.5(b)(i)(1), Settlement | Comments closed