Google's book grab
Time is running out for local and international authors -- including dead ones. September 4th marks the deadline for opting out or objecting to Google's Book Settlement -- a settlement that, if ratified, could effectively give the corporation the rights to every book ever published.
According to Pamela Samuelson: (my emphasis)
The Google Book Search
settlement will be, if approved, the most
significant book industry development in the modern era. Exploiting an
opportunity made possible by lawsuits brought by a small number of
plaintiffs on one narrow issue, Google has negotiated a
settlement
agreement designed to give it a compulsory license to all books in
copyright throughout the world forever. This settlement
will transform
the future of the book industry and of public access to the cultural
heritage of mankind embodied in books.
Local author Dr Lynley Hood has an excellent backgrounder on how this absurd situation has arisen. A couple of snippets;
For hundreds of New Zealand
authors the alarming truth is just
beginning to sink in: Google has stolen our intellectual property (and
in doing so has stolen our most valuable possession and our livelihood)
...
In theory, this settlement
should not concern us. Under New
Zealand copyright law, and under the Berne Convention for the
Protection of Literary and Artistic Work (to which New Zealand and the
US are signatories), copyrights for creative works are automatically in
force upon their creation. As soon as a work is written or recorded,
its author is automatically entitled to all copyrights in the work and
to any derivative works, unless and until the author explicitly
disclaims them or until the copyright expires. In New Zealand,
copyright lasts for 50 years after the death of the author. This means
that if anyone wants to use our published work during our lifetimes, or
for 50 years after our deaths, they have to check with us, or with our
literary executors, first. ...
But that’s not how Google sees it. ...
FAQs of special interest to New Zealand writers include the following:
9. I am not a United States citizen, or I live outside of the United States. Am I included in this Settlement?
Yes, most likely you are. If you are a citizen of another country or live in another country, you are likely to own a U.S. copyright interest if:
But that’s not how Google sees it. ...
FAQs of special interest to New Zealand writers include the following:
9. I am not a United States citizen, or I live outside of the United States. Am I included in this Settlement?
Yes, most likely you are. If you are a citizen of another country or live in another country, you are likely to own a U.S. copyright interest if:
- Your Book was published in the United States;
- Your Book was not published in the United States, but your country has copyright relations with the United States because it is a member of the Berne Convention; or
- Your country had copyright relations with the United States at the time of the Book’s publication.
- You should assume that you own a U.S. copyright interest in your Book, unless you are certain that your Book was published in, and that you reside and are located in, one of the few countries that have not had or do not now have copyright relations with the United States.
According to the NZ Society of Authors, rightsholders have four options;
- Negotiate a separate deal with Google under its partner
program. For those that already have, the Partner Program agreement
will take precedence although it may or may not cover all the rights
that Google gets under the settlement agreement
- Opt out by formally notifying Google. The deadline for
opting out has been extended to 4 September 2009.
- Opt in. If you opt in and lodge a claim in respect of a
book prior to 5 January 2010, you will receive a share of the $45
million that Google has put aside to pay rightsholders (the exact
amount will depend on how many people claim but will be between US$60
and US$300). You will also receive 63% of any revenue received by
Google (e.g. from advertising around your book search result or if it
is made available on subscription to a library or other institution).
- Do nothing - in which case you will lose the right to sue Google in the US even if Google does digitize your book and publish excerpts and you will not receive any revenue for that use.
The point is that authors must make a decision, because doing nothing is also a decision!
Speaking personally, I reckon the whole electronic book market is too new to be signing away any rights. It's still uncharted territory; the first truly mass-market electronic book reader's barely 18-months old. That's why I opted out.
Full opt-out details are here and you can opt-out online here.
Comments
. . .
Call me an advocate for the devil but, as a journalist, two things leap out at me:
"..excerpts.." and "63%" both seeming to indicate little more than stock standard fair use and commission based sales.
I'm not a book author, but the against argument seems to me limited to a lack of choice post September 2009, allegedly.
For Google books: it's a near seamless way to get your book promoted and even distributed if an ebook and/or digital book option is pursued. Oh yes, and all for free, as opposed to countless hours selecting and paying for professional promotion, distribution and, yep, printing.
Dunno, paint me stupid, but seems like a deal to me?
. . .
Posted by: jason brown | August 31, 2009 12:55 PM