Google has digitized over 7 million books since 2004. The books were scanned and the complete text is available online through Google Book Search. Most of the digitized books were public domain or historical texts.
The book digitization project was started with the support of major research libraries such as Stanford and Harvard. The goal was to make library resources more widely available.
Some of the digitized books, however, are still protected under current copyright laws. In 2005, the Authors Guild, Inc. and certain authors and publisher representatives of the Association of American Publishers (AAP) sued Google for copyright infringement.
Their long legal battle has just come to a close.
The Google Settlement
In late October 2008, Google reached an out-of-court settlement with the AAP and the Author's Guild.
The settlement includes a $125 million payout by Google.
The money will be used to create the not-for-profit Book Rights Registry, to pay out claims owing to authors, and to cover legal fees.
The full Google Settlement can be seen online.
What the Settlement Means for Writers
Nearly every book published before January 5, 2009 is covered by the settlement agreement. Unless an author opts out before May 5, 2009, his or her works are automatically covered by the terms of the settlement.
Google's book digitization offers some new ways for writers to make money. According to Publishers Weekly, “Holders worldwide of U.S. copyrights can register their works with the Book Rights Registry and receive compensation from institutional subscriptions, book sales, ad revenues and other possible revenue models, as well as a cash payment if their works have already been digitized.”
Access Copyright, a Canadian organization that ensures compensation for copyright holders, has put together an informative guide for writers. Why the Google Settlement Matters to You can be downloaded as a pdf.
The Book Rights Registry
Authors, illustrators and publishers will be able to register their information in the soon-to-be-created Book Rights Registry. The registry will track any profits made from the digitization of material under current U.S. copyright.
According to Access Copyright, Google will pay copyright holders 63% of all revenues earned for specific commercial uses. To be eligible, writers must submit a claim form.
The settlement enables Google to:
• index your work;
• display up to 20% of your work;
• display short excerpts of your work;
• display bibliographic content; and
• allow printing, copying and pasting, and annotations of your entire work, at a fee, and all subject to varying limitations.
Copyright holders retain the right to decide how much of their book is visible to visitors on Google Book Search.
For More Information
Access Copyright is holding a series of seminars across Canada to inform writers about the effects of the settlement. Their website has plenty of updated information. The Association of American Publishers (AAP) website is also a great resource.
A New Publishing Landscape
Some writers and publishers feel that Google Book Search represents a positive change for the book market. It can provide greater visibility for writers and new ways of accessing texts.
Others argue that book digitization will make traditional publishers obsolete, and that Google will be the main profiteer.
The digitization of books opens a whole new publishing landscape and a new set of questions and concerns for writers and publishers alike.
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