Category Archives: Section 4.1(e)

S 04.1.5

2 responses to “S 04.1.5”

  1. Deven Desai says:

    (4) not prohibit any uses of Books or Inserts that would otherwise be permitted under the Copyright Act without the need for express authorization from the Rightsholder

    This clause seems to be a nod to fair use, but I wonder if it has any teeth. Given the literature about fair use’s problems as a doctrine, I am not certain this clause does much work. Still, it at least appears to acknowledge the idea of copyright law’s role in some of this deal.

    (5) include the right for Google to restrict or terminate a user’s account, including additional restrictions on printing and copy/paste, if the user distributes the copyrighted material from a Book in a manner that is prohibited by the terms and conditions or applicable law

    This clause seems to reinvent notice and take down problems that occur under the DMCA. It further raises the complication that one has to check with the contract and the copyright law to see what one can do with the book. The literature about the pros and cons of contract as way to govern copyrighted material seems to be required here.

  2. I think this is more of a three-strikes-you’re out problem than a notice-and-takedown problem.

(e) Institutional Subscription Terms and Conditions. In its terms and conditions applicable to Institutional Subscriptions, (i) Google will (1) limit access to Books to appropriate individuals within the subscriber institution (e.g., in the case of educational institutions, faculty, students, researchers, staff members, librarians, personnel and business invitees of the subscriber and walk-in users from the general public; in the case of corporate or government offices, personnel and business invitees; and, in the case of Public Libraries, library patrons and personnel), (2) permit users to view, copy/paste, and print pages of Books only to the extent authorized under this Amended Settlement Agreement, (3) permit users to make available the Books and Inserts in the Institutional Subscription Database to other users of that Institutional Subscription through hyperlinks, or similar or appropriate technology, when such Books and Inserts are served by Google, for course use (e.g., e-reserves and course management systems), only to the extent authorized under this Amended Settlement Agreement, (4) not prohibit any uses of Books or Inserts that would otherwise be permitted under the Copyright Act without the need for express authorization from the Rightsholder, and (5) include the right for Google to restrict or terminate a user’s account, including additional restrictions on printing and copy/paste, if the user distributes the copyrighted material from a Book in a manner that is prohibited by the terms and conditions or applicable law, and (ii) Google may enable Book Annotations. Prior to Google’s initial launch of the Institutional Subscription, Google will provide to the Registry a copy of the terms and conditions applicable to any Institutional Subscriptions offered by Google.

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