Google Inc.
Google Books Settlement
History/timeline of settlement
Advantage of Google Books for Google
Revenue
Advertising
Possibility of other Revenue sources
-Google
Hyde, Lewis. "Advantage Google." The New York Times. 1 Oct. 2009. Web. 20 Oct. 2009. <http://www.nytimes.com/2009/10/04/books/review/Hyde-t.html?_r=1>.
· First-ever copyright act, the 1710 Statute of Anne.
· gave writers ownership of their work
· limited the term of ownership to 28 years
· Judge Denny Chin of the Federal District Court for the Southern District of New York will hold a hearing on proposed settlement of the lawsuit brought by authors and publishers against Google
· Google made digital copies of millions of in-copyright books
· settlement is currently being revised in the wake of objections raised by the Department of Justice and other parties
· Orphan works are all of the books whose copyrights are still active but whose writers cannot be found
· There are millions of orphan works out there
· statutory damages for copyright infringement now stand between $750 and $150,000 per instance
· Carnegie Mellon University tried to digitize a collection of out-of-print books, one of every five turned out to be orphaned
· Cornell tried to post a collection of agricultural monographs online, half were orphans
· United States Holocaust Museum owns millions of pages of archival documents that it can neither publish nor digitize.
· Of more than seven million works scanned by Google so far, four to five million appear to be orphaned
· Google will commercialize these works -- sell them, display them online with ads, charge libraries for their use, and more
· A portion of the money earned will go to Google outright
· The rest will go to a new Book Rights Registry, where it will regularly be set aside for five years waiting for absent owners to claim it
· At the end of each five-year period, all unclaimed funds will be distributed to the authors and publishers whose works the registry represents.
· third parties would profit from orphan books through the Google settlement; authors would not profit
· Department of Justice in fact suggested, when it issued a critique of the proposed settlement saying, among other things, that the court might do as we do with actual orphans: appoint a guardian to look out for them until they come of age.
· By insisting that copyright exist only for "limited times" (as the Constitution says), they suggested a way that law itself might engender virtue, transforming the fruits of human imagination from private into common wealth by the mere passage of time
· Google case is a class-action lawsuit structured such that it will bind all rights holders unless they opted out by a deadline
· The missing owners of orphan works could not do that, of course; by definition they don't even know this litigation concerns them
· That does free the orphans from copyright limbo, but here's the catch: They will effectively belong only to Google and the other settling parties
· It will be almost impossible for any other online player to get the same right to use them
· The only way a potential competitor could avoid the threat of statutory damages would be to do what Google did: scan lots of books, attract plaintiffs willing to form a class with an "opt out" feature, negotiate a settlement and get it approved by a judge. Even for those with time and money to spare, that promises to be an insurmountable barrier to entry
Stross, Randall. Planet Google. New York: Free, 2008. Print.
· No preview available-listed references from web pages, online reviews, references from scholarly works, list of references from books found in the index
· Full preview- books in the public domain
· Limited view- books under copyright for which Google has secured permission to show a limited number of pages in it Book Partners Program
· Snippet view- books under copyright for which Google has not secured permission to display pages
· Can give supplementary information without infringing on copyright holders
· Two lawsuits filed by publishers and by the authors guild
· Challenges included mechanical engineering (designing imaging equipment), diplomacy (obtaining the cooperation of the largest repositories of books, university libraries), logistics (hauling books to scanning centers and back, without mishap), and legal expertise (ensuring that the effort did not run afoul of copyright law)
· Required a financial commitment unlike anything the company had made before
· Google set out to scan every single book (32 million) listed on WorldCat, the union catalog encompassing twenty-five thousand libraries around the world
· Digitization of all books had been a dream of many. It was widely considered too ambitious to be attainable in the short term.
· Google set a ten year timetable to achieve its goal.
· Google will not divulge any details about how it captures the images of book pages
· Google executives did not view the book digitization as an eleemosynary project; they were not contemplating donating funds to nonprofit organizations, like the University of Michigan, that had already begun digitizing books. Instead they were looking at the feasibility of Google performing all of the digitization itself, and then using the companies for its own purposes
· Even if the Google Book Search did not produce immediate profits, the project would be expected, at some point, to yield a return to Google that was proportionate to the outsized investment that the company would have to make to pursue the project
· Google had no close competition willing to match its spending on book search
· Google had the chance to jump ahead not only because of its fiscal boldness but also because others who had tried to digitize the world's books had not gotten very far
"Corporate Information - Company Overview." Google. Web.
<http://www.google.com/corporate/index.html>.
"Home (Increasing Access to Books: The Google Books Settlement)." Google Sites - Free websites and
wikis. Web.
settlement/home>.

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