Category Archives: Section 3.5(b)(ii)

S 03.05.2.2

2 responses to “S 03.05.2.2”

  1. Gillian Spraggs says:

    ‘may challenge such direction under law’

    Law here presumably means primarily the law of ‘fair use’: so you cannot challenge the use of passages quoted under that law in, for instance, critical works. That is, I suppose, reasonable.

    But contract rights? Suppose you have a poem in an anthology, and you have only licensed print rights, and UK rights, to the editor/publisher? Will Google now try to argue from this that you have no right to object to its electronic publication by Google in the States? Can they argue that? This is a matter of real concern to me.

  2. Gillian Spraggs says:

    I think there may be a partial answer to this question in Section 13.1(d)(ii): “To claim an Insert, a Claimant must … provide information a statement that, although the Claimant believes such permission was required, (1) the Claimant did not give permission for Online use of the Insert as part of the work in which the Insert appears, or (2) if such permission was granted, it was no longer in effect on or after June 1, 2003”. That’s if I have correctly understood a rather opaque passage.

(ii) Challenging Insert Exclusion Requests. The Rightsholder of a Book that contains an Insert that the Rightsholder of the Insert has directed be excluded may challenge such direction under law or contract rights, and any dispute regarding such challenge shall be resolved pursuant to Article IX (Dispute Resolution). In addition, if (a) the Rightsholder of a Book that contains an Insert for which the Insert Rightsholder has directed exclusion is not a Registered Rightsholder or (b) the Registered Rightsholder of the Book that contains such Insert (1) determined not to challenge such exclusion pursuant to the previous sentence and (2) does not object to Google making such challenge, then Google may challenge whether the Rightsholder of the Insert would have a right under the Copyright Act to exclude such Insert. Google and the Registry will develop a process to implement the foregoing. Any dispute regarding such challenge shall be resolved pursuant to Article IX (Dispute Resolution).

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