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The Google Books
      Settlement
A Brief Introduction for the ZSR Library



             Lauren Pressley
      Instructional Design Librarian
           December 18, 2008
“The Google Settlement - From the
Universal Library to the Universal
Bookstore” -Paul Courant http://paulcourant.net/
History of Google Books
with context!
1996




  http://www.wired.com/wired/archive/13.08/battelle.html
1996



• Initial work on Google (BackRub)
http://www.flickr.com/photos/33049234@N00/433072442




       1997
1997



• DVDs introduced to American market
• “Backrub” renamed “Google”
1998
1998


• Mozilla Foundation formed
• Google received first funding, space,
  and hired first employee
2002




       http://www.flickr.com/photos/11127460@N00/1476380120
2002



• Friendster started
• Google begins a “secret” book project
2003




http://www.flickr.com/photos/pathfinderlinden/199857832/
2003


• SecondLife
• Google begins experimentation with
  scanning books
2004
2004


• theFacebook.com created
• Google begins forming relationships
  with libraries and publishers

• Announce Google Print project
2005
http://www.flickr.com/photos/91569742@N00/275326348
2005



• One Laptop Per Child announced
• Rename to “Google Books”
2006




       http://www.flickr.com/photos/39772953@N00/144457380
2006


• The Nintendo Wii
• Improve the Google Books interface,
  adding features including “about this
  book” pages
2007




       http://www.flickr.com/photos/65782757@N00/1517837041
2007


• The iPhone
• Google Books adds rich metadata:
  popular passages, places in this book,
  etc.
2008
Recent Developments



• More than 7 million books
• Magazines
7+ Million Books
     http://www.flickr.com/photos/51035555243@N01/85441961
Magazines!




             http://www.flickr.com/photos/68676385@N00/28406568
Questionable Conduct


• Scanning = Copying
 • Did Google need a license to copy?
 • Google said, “No: Fair use!”
http://www.flickr.com/photos/magisterludi/134406718/
September 20, 2005
The Suit

• Author’s Guild and several authors
• Followed by October 19 suit by five
  Association of American Publishers
  members
• Argued: Google violating copyright
http://www.flickr.com/photos/joegratz/117048243/
October 28, 2008
Settlement


• Over 130 Pages
• $125 Million Dollars
• Google becomes the web’s largest
  online commercial bookseller.
[The deal is]“breathtaking in scope,
groundbreaking for publishers and
authors, and trailblazing for
intellectual property in general.” -
Richard Sarnoff, chairman of the AAP
http://chronicle.com/wiredcampus/article/3423/google-publishers-and-authors-settle-huge-lawsuit-over-book-scanning-project
130+ Pages




             http://www.flickr.com/photos/cdm/43454184/
$125M




        http://www.flickr.com/photos/21313845@N04/2402698820/
“Where does this leave the role of the
publisher? Anyone can publish content
now and peer reviewing can take place
in an entirely different way.” -Phil
Bradley, blogger and library consultant
http://www.iwr.co.uk/information-world-review/features/2231863/tight-embrace
Settlement


• Creates a Book Rights Registry
• Pays Legal Fees
• Pays Rights Holders
Settlement

• Excludes:
 • Periodicals
 • Personal Papers
 • Works with a quantity of musical
   notation or lyrics
http://www.flickr.com/photos/jeope/458805152/
http://www.flickr.com/photos/bobaubuchon/2266418298/
http://www.flickr.com/photos/chrysti/2438813463/
Book Rights Registry

• Created by Google
• Overseen by board of publishers and
  authors
• Will locate and represent copyright
  holders
• Will be funded by portion of Google’s
  revenues
Book Rights Registry




       http://www.flickr.com/photos/11086302@N00/2414864070
http://www.flickr.com/photos/tcmhitchhiker/2435851122/
What Rightsholders Got

• Can opt in and maintain over how
  much content can be seen
• Can set prices or use Google algorithm
• Receive between 35% and 100%
  revenue
“We had a major disagreement with
Google about copyright law... We still do,
and probably always will.” But he said
that the parties had been “able to set
those issues aside” for what “may be
the biggest book deal in U.S. publishing
history.” -Paul Aiken, Author’s Guild
executive director                                            http://chronicle.com/wiredcampus/article/3423/google-
publishers-and-authors-settle-huge-lawsuit-over-book-scanning-project
http://www.flickr.com/photos/manfrys/2226178289/
What Google Got

• The market: settlement makes it
  harder for competition

• Largest online bookstore: access,
  print, and buy books

• Retain 37% revenue
• Has the option for print-on-demand
  and subscription services
What Google Got


• Publishers agreed not to sue if
  mistakes were made with regard to
  orphan works

• Can display more text
http://www.flickr.com/photos/fcb/175222049/
What Americans Got

• More content will be viewable
• Will be able to buy online access to a
  book or print out books for a per-page
  charge

• Perpetual computer access to
  purchased books

• Copy and paste for purchased books
What Americans Got


• Watermarked printing
• Annotations, and the ability to share
  with 25 people
“Although it is only a US settlement I
think it is going to set a precedent or
standard worldwide. The business
model is going to become a paradigm
for everybody.” -Mark Cardin, VP of
Mylibrary provider Ingram Micro                                         http://
www.iwr.co.uk/information-world-review/features/2231863/tight-embrace
http://www.flickr.com/photos/tom1231/1140607337/
What not-for-profitLibraries Got
  and
      Public higher education
        institutions that request it



 • One (library provided) access
   terminal per building for 4,000 FTE

 • Software to navigate the collection
What Academic Libraries Got


  • Ability to subscribe to the service
  • Remote access for faculty at home and
    students in residence halls
“This is a service that libraries, because
of copyright restrictions, could not offer
on their own and goes well beyond what
would have been possible, even if
Google had prevailed in defending the
lawsuit.” -Paul Courant                                                   http://chronicle.com/wiredcampus/article/3423/
google-publishers-and-authors-settle-huge-lawsuit-over-book-scanning-project
Library Pricing
  http://www.flickr.com/photos/mamabarns/379951706/
Library Pricing

• Still in process
• Governed by plaintiffs (none of which
  were libraries)

• Guided by:
  • Similar products, scope of books,
    quality of scan, available features
Library Pricing

• Will be able to purchase discipline-
  based collections

• Google can subsidize “fully
  participating” and “cooperating”
  library subscriptions
• Initial pricing structures will last 2-3
  years
Library Types

• Fully Participating: lets google scan,
  retain copies, follow security provisions

• Cooperating: lets google scan, without
  copies and associated security provisions

• Public Domain: Provide Google Public
  Domain works

• Other: Allow scanning without
  participating in the settlement
The Research Corpus
• Subset of the collection for
  sophisticated computer analysis and
  research

• Libraries choose two sites, Google is
  the third

• Designed for non-consumptive
  research:

  • image analysis, text extraction,
    textual analysis, etc.
http://www.flickr.com/photos/96544444@N00/2250807329
Next Actions

• Soon: Registry to begin
• 6/11/09: Court approval
• Rightsholders will have 120 days to
  opt out (and still, after that)
• Mid/late-2009: Final approval
  expected
• 2010: Likely to go into effect
Further Resources

• Google: http://books.google.com/googlebooks/agreement/press.html
• AAP: http://publishers.org/main/Copyright/Google/Release.htm
• Author’s Guild: http://www.authorsguild.org/advocacy/
   articles/settlement-resources.html


• ARL Paper: http://www.arl.org/bm~doc/google-
   settlement-13nov08.pdf


• Other Links: http://delicious.com/laurenpressley/gps
“IMHO, this is a good deal that could be
the basis for something really
fantastic.” -Lawrence Lessig          http://lessig.org/blog/2008/10/
on_the_google_book_search_agre.html

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Google Book Settlement