Category Archives: Section 3.5(c)

S 03.05.3

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(c) Take-Down or Transfer Requests.

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

S 03.05.3.1

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(i) Definitions. As used in this Section 3.5(c) (Take-Down or Transfer Requests), the following terms have the following meanings:

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

S 03.05.3.1.1

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(1) “Counter-Notice” means a request, in the form of notice or-Publisher Procedures, that states, under penalty of perjury, that the Initial Authorizing Rightsholder has the good faith belief that he, she or it has rights in a Book that is the subject of a Take Down Request or a Transfer Request necessary to authorize Google to exploit such Book as it is being exploited in such Other Google Program.

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

S 03.05.3.1.2

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(2) “Educational Books” means Books that, when published, were intended primarily for sale to educational markets (i.e., K-12, higher education, continuing education, vocational, professional, self-study, and similar educational markets) for use in educational programs.

Also posted in Article 03, Section 3.5, Section 3.5(c)(i), Section 3.5(c)(i)(2), Settlement | Comments closed

S 03.05.3.1.3

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(3) “Initial Authorizing Rightsholder” means the Person who had given Google permission to use a Book that is the subject of a Take Down Request or a Transfer Request.

Also posted in Article 03, Section 3.5, Section 3.5(c)(i), Section 3.5(c)(i)(3), Settlement | Comments closed

S 03.05.3.1.4

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(4) “Notifying Rightsholder” means a Rightsholder who has a good faith belief that Google is exploiting a Book in an Other Google Program without the necessary authorization from such Rightsholder.

Also posted in Article 03, Section 3.5, Section 3.5(c)(i), Section 3.5(c)(i)(4), Settlement | Comments closed

S 03.05.3.1.5

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(5) “Other Google Program” means a Google program other than, but similar to, the Revenue Models, including the Google Partner Program.

Also posted in Article 03, Section 3.5, Section 3.5(c)(i), Section 3.5(c)(i)(5), Settlement | Comments closed

S 03.05.3.1.6

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(6) “Take Down Request” means a request, in the form of notice attached as Exhibit A to the Author-Publisher Procedures, that Google remove a Book from an Other Google Program.

Also posted in Article 03, Section 3.5, Section 3.5(c)(i), Section 3.5(c)(i)(6), Settlement | Comments closed

S 03.05.3.1.7

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(7) “Transfer Request” means a request, in the form of notice attached as Exhibit A to the Author-Publisher Procedures, to transfer a Book from an Other Google Program to one or more Display Uses in one or more of the Revenue Models.

Also posted in Article 03, Section 3.5, Section 3.5(c)(i), Section 3.5(c)(i)(7), Settlement | Comments closed

S 03.05.3.2

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(ii) Procedures. The following procedures will apply to each Book classified as In-Print under the Author-Publisher Procedures (except for Educational Books) that is the subject of a contract between an author and a publisher regarding publication of such Book executed prior to 1992 and that has not been amended thereafter to expressly grant or retain all electronic rights pertinent to an Other Google Program if such Book is displayed in an Other Google Program.

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

S 03.05.3.2.1

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(1) If Google receives a Take Down Request or a Transfer Request from the Registry, Google shall send a copy to the Initial Authorizing Rightsholder.

Also posted in Article 03, Section 3.5, Section 3.5(c)(ii), Section 3.5(c)(ii)(1), Settlement | Comments closed

S 03.05.3.2.2

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(2) If the Initial Authorizing Rightsholder fails to respond within thirty (30) days, then, if the request satisfies the requirements set forth in the Author-Publisher Procedures, Google shall take down such Book or transfer such Book into the Revenue Models, as specified in the request. If Google transfers such Book into the Revenue Models, such Book shall become subject to this Amended Settlement Agreement.

Also posted in Article 03, Section 3.5, Section 3.5(c)(ii), Section 3.5(c)(ii)(2), Settlement | Comments closed

S 03.05.3.2.3

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(3) If the Initial Authorizing Rightsholder fails to respond within thirty (30) days, then, if the request satisfies the requirements set forth in the Author-Publisher Procedures, Google shall take down such Book or transfer such Book into the Revenue Models, as specified in the request. If Google transfers such Book into the Revenue Models, such Book shall become subject to this Settlement Agreement.

Also posted in Article 03, Section 3.5, Section 3.5(c)(ii), Section 3.5(c)(ii)(3), Settlement | Comments closed

S 03.05.3.2.4

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(4) If the Initial Authorizing Rightsholder responds to a Transfer Request by filing a notice of objection with the Registry, then Google shall not include such Book in the Revenue Models and shall stop displaying such Book in the Other Google Program while the Notifying Rightsholder and the Initial Authorizing Rightsholder resolve the dispute. Google shall only restore access to such Book in any of the Revenue Models or the Other Google Program once (a) the Initial Authorizing Rightsholder and the Notifying Rightsholder jointly authorize Google to do so or (b) either the Initial Authorizing Rightsholder or the Notifying Rightsholder obtains a court (or, if the contract between the author and publisher regarding publication of such Books permits, arbitration) ruling giving it authority to direct Google to do so.

Also posted in Article 03, Section 3.5, Section 3.5(c)(ii), Section 3.5(c)(ii)(4), Settlement | Comments closed

S 03.05.3.2.5

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(5) In any disputes between an Initial Authorizing Rightsholder and a Notifying Rightsholder over which of them has the right to authorize Google to exploit a Book in the Other Google Program or in the Revenue Models, Google will not be named as a party or brought into the dispute in any manner and will have no liability or responsibility with respect to any such dispute.

Also posted in Article 03, Section 3.5, Section 3.5(c)(ii), Section 3.5(c)(ii)(5), Settlement | Comments closed