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Francesgrimble
New member
Username: Francesgrimble

Post Number: 5
Registered: 05-2007
Posted on Thursday, November 20, 2008 - 06:01 pm:   

Because this Settlement is stated to apply to every copyright holder
in the US and in every country that signed the Berne convention,
unless the copyright holder explicitly opts OUT of it by a deadline in
May 2009, I think it is important for this group to know about it.
Here are some links.

http://www.authorsguild.org/advocacy/articles/settlement-resources.html

The essential documents to read on this site are the Class Notice and
the Settlement itself (forget the press releases). Even though the
Settlement is over 300 pages, I think it is important to not only read
it but to consult a copyright lawyer before making your decision
(which is, take it or leave it). The Settlement imposes an ongoing
business relationship with Google-as-your-publisher, going far beyond
the terms of the original lawsuit (which was about using
the "snippets" of copyrighted books currently in Google Book Search).
It imposes fees on copyright owners, as well as financial rewards.

For a good breakdown of the finances, see:

http://www.authorlink.com/news/item/1880/google%20settlement%20aap%
20authors%20guild

Two copyright lawyers I believe to be familiar with the terms of the
Settlement are:

Jonathan Kirsch
http://www.jonathankirsch.com/law.html

I believe that Mr. Kirsch is analyzing the Settlement for the
Independent Book Publishers Association, which is also collecting
comments and concerns from their members.

and

Ivan Hoffman
http://www.ivanhoffman.com/

If you are concerned about lawyer's fees, my personal suggestion would
be to agree to share a lawyer's questions/answers/costs with several
other copyright holders with similar concerns.

If you want to know whether Google did indeed scan your copyrighted
books, to help you decide whether to opt out, that information is not
available as far as I know. They haven't revealed their database and
they plan to continue scanning until May.

I think micropresses should be especially concerned by several aspects
of the Settlement. (1) Google gets much freer use and sale of books
that are "out of print"--"out of print" for only one year. (2) The
Settlement gives Google the right to declare print-on-demand
books "out of print" (allowing Google much freer use and sale of your
files) by undefined criteria, even though their publishers have
declared the books to be "in print." (3) The amounts to be paid for
pay-per-view and pay-per-print are not stated. (4) Google can discount
at will, the cover price you set for their selling entire books, and
your percentage is based on the sale price, not the cover price.

I personally am opting out of the Settlement entirely as soon as a
mechanism is set up for doing so. That has not happened yet, but the
Author's Guild is collecting email addresses for notification.

Frances Grimble
Lavolta Press
http://www.lavoltapress.com
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Gordon_van_gelder
Member
Username: Gordon_van_gelder

Post Number: 733
Registered: 04-2006
Posted on Friday, November 21, 2008 - 06:52 am:   

Thanks for this post. I too have grave concerns about the settlement and about Google's position.

I think you can go to Google Books and see if they have scanned any of your works just by searching on your name.
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Francesgrimble
New member
Username: Francesgrimble

Post Number: 6
Registered: 05-2007
Posted on Saturday, January 24, 2009 - 10:35 pm:   

I have opted out of the Settlement with the help of a letter written by Ivan Hoffmann (Jonathan Kirsch is apparently very pro-Google) and sent by certified mail. I _also_ used Google's on-line opt-out form.

However, Google has not publicly released a list of books scanned or likely to be scanned by May 5, 2009 (the Settlement permits them to keep scanning copyrighted works till then). The list of books in Google Book Search may or may not correspond. I hope it does not, because two of my eight books are on Google Book Search even though I _also_ opted them all out of the Google Library scanning project. That is, Google officially promised not to scan them but I doubt they really pay much attention.

I have emailed the Settlement Administrator twice asking if my books have been scanned. The first time I asked for access to the list of scanned books, the second time I sent them all the bibliographic info on my books.

The only response I got was identical form emails telling me Google will not publicly release the list of books scanned for fear of false claims, and that I can find out if my books were scanned if I accept the Setttlement and submit a claim. I feel that I have just as much right to know whether my books were illegally scanned even though I opted out of/rejected the Settlement--especially since Google and the libraries have made no guarantees (that I know of) that they will not use the works of those who opted out and just wait to see if they get sued again. I am now going to write a letter to the Settlement administrator, asking if my books were scanned, and send it by certified mail.

Frances Grimble
Lavolta Press Books on Historic Costume
http://www.lavoltapress.com
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Francesgrimble
New member
Username: Francesgrimble

Post Number: 7
Registered: 05-2007
Posted on Saturday, April 25, 2009 - 01:19 pm:   

Link to a lawyer-agent's legal and financial analysis of the Settlement:

http://www.authorlink.com/news/item/2038/Agency_Lawyer_Warns_Google_Case_Violate s_Author_Ri

Fran

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