Copyright Law

Google Settles with Publishers

By Andrew Raff, Esq.

Google announces that it settled with the Association of American Publishers, who sued the search engine company in 2005 over its plan to scan and index books that are still protected by copyright. Official Google Blog: New chapter for Google Book Search: "This agreement is truly groundbreaking in three ways. First, it will give readers digital access to millions of in-copyright books; second, it will create a new market for authors and publishers to sell their works; and third, it will further the efforts of our library partners to preserve and maintain their collections while making books more accessible to students, readers and academic researchers.

Here's the text of the Settlement Agreement

Joe Gratz has more details about the settlement, Settlement Reached in Authors Guild v. Google

And here are some collected reactions from around the web.

Professors:
Larry Lessig, On the Google Book Search agreement: "This is a good deal that could be the basis for something really fantastic. The Authors Guild and the American Association of Publishers have settled for terms that will assure greater access to these materials than would have been the case had Google prevailed."

James Grimmelmann, The Laboratorium: Author's Guild Settlement Insta-Blogging: "The result of the settlement will be to give Google a license to keep on doing what it’s doing, while allowing the authors to use their now-sharpened knives to sue anyone else who tries to do the same. At that point, of course, Google would be delighted for the authors to succeed, since it keeps the competition at bay."

Lobbying Groups:
Arts+Labs (Current members include AT&T, Viacom, NBC Universal, Cisco, Microsoft and the Songwriters Guild of America), Arts+Labs Statement on the Google Settlement with American Association of Publishers, "This settlement shows that creators' rights and consumer benefit can go hand-in-hand in the Internet age. It is a victory for consumers and creators alike. The agreement demonstrates that collaboration between the technology community and the creative community can give consumers access to a wealth of resources while also preserving copyright owners' right to control how their work is distributed online and to earn fair compensation for their creativity."

Reporters:
New York Times, Google Settles Suit Over Book-Scanning: "Google plans to take 37 percent of the revenue, leaving 63 percent for publishers and authors. If Google sells ads on pages where previews of scanned books appear, it will split the revenue on the same basis."

Chris Snyder, Wired, Google Settles Book-Scan Lawsuit, Everybody Wins: "Google's settlement of a three-year old lawsuit challenging its Book Search program, which scans books and make portions available online, creates a new revenue stream for authors and publishers (and itself) — but the financial benefits are dwarfed by the clear field the company now has to complete an ambitious program to create a global digital library."

Jessica Guynn, LA Times, Google settles copyright dispute with publishers and authors: "If approved by a Manhattan federal court judge next summer, the settlement has the potential to revolutionize the publishing industry by creating a giant online marketplace that would dramatically increase the volume of literature available to readers and researchers -- while compensating authors and publishers."

Previously:

• Another Google Book Search Commentary Roundup (Dec. 2)
• HarperCollins Plans to Scan (Dec. 12)
• Google Print and Fair Use (Nov. 9)
• Google Print at the Public Library (Nov. 18)
• Publishers Sue Google, Too (Oct. 19)
• Google, Publishers, Copies and "Being Evil" (Sept. 21)

Full post as published by IPTAblog on October 29, 2008 (boomark / email).