The Google Book Settlement Agreement may change the way people find or browse for books in the future and it is one of the hottest topics in copyright law in 2009. In 2004, Google announced that it had entered into agreements with various libraries to digitize entire books. Two class action lawsuits on behalf of authors and publishers were then filed against Google alleging copyright infringement. The parties began negotiating a settlement agreement which if approved, could allow Google to digitize and include books in a database, and to sell subscriptions and online access to books.
Authors can either be a part of the Settlement or opt out. If an author does nothing, he or she may be bound by the Settlement; however, in order to receive any benefits of the Settlement if approved, such as cash payments, the author needs to submit a claim form to Google. If the author stays in the Settlement, she can also request that one or more of her works be removed from the database or not be digitized. If the author opted out of the Settlement, the author will not be included in the monetary payments under the settlement, but he or she will retain legal rights against Google and participating libraries, and Google has currently indicated that it will honor an author’s request not to digitize the work.
For more information, see www.googlebooksettlement.com. Feel free to contact Kim Grimsley at grimsley@bowie-jensen.com to discuss further.
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