Category Archives: Section 6.6

S 06.6

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Exchange of Data between Google and the Registry.

Also posted in Article 06, Settlement | Comments closed

S 06.6.1

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(a) Data Provided by Google. Google shall provide the following to the Registry:

Also posted in Article 06, Section 6.6(a), Settlement | Comments closed

S 06.6.1.1

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(i) Digital Copies to Libraries. The name of any library to which it has provided Digital Copies of Books Digitized in the United States and, upon request of the Registry, the library at which a particular Book has been Digitized.

Also posted in Article 06, Section 6.6(a), Section 6.6(a)(i), Settlement | Comments closed

S 06.6.1.2

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(ii) Digitized Books. On at least a quarterly basis, an update to the list of Books, Public Domain Books with a copyright date after 1922 and Government Works that Google has Digitized under this Amended Settlement Agreement along with Metadata with respect to such Books to the extent that Google is permitted to do so under then-existing contracts with Metadata providers. Google, Plaintiffs, and the Registry will cooperate to obtain such Metadata providers’ permission for Google to provide Plaintiffs and the Registry with such lists; provided that the Registry shall be responsible for payment of any additional license fees to such providers to the extent required. In communicating between them, Google and the Registry will use a unique identifier for each Book, Public Domain Book with a copyright date after 1922 or Government Work. The update for a Book, Public Domain Book with a copyright date after 1922 or Government Work will be available within a reasonable period after Digitization and completion of processing of such Book, Public Domain Book with a copyright date after 1922 or Government Work by Google. The data provided shall include information for each Book regarding the Display Uses, if any, that are being made of the Book and identification of any Books that Google is not offering for sale, including any Books that Google excludes from Display Uses for non-editorial reasons (in addition to Google’s obligation under Section 3.7(e) (Google’s Exclusion of Books)). The Registry will use this information for internal purposes only, provided that an individual record of a Book, Public Domain Book with a copyright date after 1922 or Government Work may be disclosed by the Registry to any Rightsholder of that Book or an Insert in that Book, Public Domain Book with a copyright date after 1922 or Government Work. The Registry may need permission from Metadata providers to obtain such Metadata, and will be responsible for payment of any additional license fees to the extent required by such providers.

Also posted in Article 06, Section 6.6(a), Section 6.6(a)(ii), Settlement | Comments closed

S 06.6.1.3

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(iii) Books Sold. Along with the payments required under Section 4.6 (Payment Terms) for the applicable period, a list of the Books sold, the number of Books sold, and, for each such sale, the sale price.

Also posted in Article 06, Section 6.6(a), Section 6.6(a)(iii), Settlement | Comments closed

S 06.6.1.4

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(iv) Library Scans. Upon request by the Registry and if a Fully Participating Library or a Cooperating Library invokes its rights pursuant to Section 7.2(e)(ii) (Third-Party Required Library Services Provider), reasonable information regarding Google’s provision of Required Library Services, to determine compliance with Section 7.2(e)(i) (Obligation).

Also posted in Article 06, Section 6.6(a), Section 6.6(a)(iv), Settlement | Comments closed

S 06.6.1.5

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(v) Usage Data. Data sufficient to enable the Registry to calculate Subscription Usage Fees and Book Usage Fees, as defined in the Plan of Allocation.

Also posted in Article 06, Section 6.6(a), Section 6.6(a)(v), Settlement | Comments closed

S 06.6.1.6

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(vi) Registration/Claims Process Data. All data provided to Google by members of the Amended Settlement Class or their agents in connection with the registration, claims, and opt out processes. Such data shall be subject to a Registry privacy policy.

Also posted in Article 06, Section 6.6(a), Section 6.6(a)(vi), Settlement | Comments closed

S 06.6.1.7

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(vii) Additional Information. Additional data, including updates, as reasonably necessary for the Registry to perform its obligations under this Amended Settlement Agreement.

Also posted in Article 06, Section 6.6(a), Section 6.6(a)(vii), Settlement | Comments closed

S 06.6.2

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(b) No Google Licenses. Except with respect to (i) the limited right to use Digital Copies of Library Scans and of Books other than Library Works provided by Google pursuant to Section 3.7(c) (Additional Contemplated Rightsholder Services Provider), Section 7.2(e)(ii) (Third-Party Required Library Services Provider) and Section 7.2(g)(ii)(2) (Alternative Accommodated Service Provider) and (ii) the limited right to use information provided by Google pursuant to Section 6.6(a) (Data Provided by Google), no licenses are granted by Google to the Rightsholders, the Registry, Plaintiffs or any other Person pursuant to this Amended Settlement Agreement, by implication, estoppel or otherwise.

Also posted in Section 6.6(b), Settlement | Comments closed

S 06.6.3

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(c) Data Provided by the Registry. The Registry shall provide the following to Google:

Also posted in Article 06, Section 6.6(c), Settlement | Comments closed

S 06.6.3.1

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(i) Books Claimed. Registry, instructions with respect to the Removal of Books and the exclusion or inclusion of Books and Inserts pursuant to Article III (Google Book Search– Rights, Benefits and Obligations) and to the Specified Price pursuant to Section 4.2(b)(i)(1) (Specified Price), and any other directions for Books and Inserts provided for in this Amended Settlement Agreement.

Also posted in Article 06, Section 6.6(c), Section 6.6(c)(i), Settlement | Comments closed

S 06.6.3.2

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(ii) Metadata Corrections. Any corrections to the Metadata, and any other corrections or modifications to information the Registry previously provided to Google regarding a Book or Insert.

Also posted in Article 06, Section 6.6(c), Section 6.6(c)(ii), Settlement | Comments closed

S 06.6.3.3

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(iii) Registered Rightsholders. The identity of any Registered Rightsholder for a given Book or Insert; provided, however, that if the Book or the Insert was published under a pseudonym, then the Registry will only disclose that pseudonym to Google and, provided further, that if a Rightsholder requests that his, her or its identity not be disclosed to Google, then the Registry will only disclose an alias. The Registry will neither encourage Rightsholders to request, nor discourage Rightsholders from requesting, such non-disclosure. The Registry will also provide a means for Google to match contact information and other identifying information for a Rightsholder against the Registry’s information pertaining to that Rightsholder. Such mechanism need not reveal the Rightsholder’s contact information to Google. Rightsholder information provided by the Registry is subject to the terms of Section 15.3 (Confidentiality of Rightsholder Information).

Also posted in Article 06, Section 6.6(c), Section 6.6(c)(iii), Settlement | Comments closed

S 06.6.4

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(d) Claimed Books to be Public. The Registry will make publicly available whether or not a Book has been registered with the Registry and, for Books that have been registered, the identity of the Registered Rightsholder, unless the Registered Rightsholder requests that such information not be made public for reasonable privacy concerns, as determined by the Registry.

Also posted in Section 6.6(d), Settlement | Comments closed

S 06.6.5

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(e) Copyright Status. The Registry and Google will provide each other with information that each obtains bearing on the copyright status of works that are or may be Books or Inserts.

Also posted in Article 06, Section 6.6(e), Settlement | Comments closed

S 06.6.6

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(f) No Personally Identifiable Information. In no event will Google provide personally identifiable information about end users to the Registry other than as required by law or valid legal process.

Also posted in Article 06, Section 6.6(f), Settlement | Comments closed