Category Archives: Section 3.5(c)(i)

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), 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), 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), 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), 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), 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), 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), 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), Section 3.5(c)(i)(7), Settlement | Comments closed