Category Archives: Section 3.5(c)(ii)

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), 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), 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), 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), 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), 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), Section 3.5(c)(ii)(5), Settlement | Comments closed