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Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
Digitization of works and access to culture: Recent developments in Google Books & Europeana
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Digitization of works and access to culture: Recent developments in Google Books & Europeana

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  • 1. Digitization of works & access to culture: Recent Developments in the Google Books & Europeana projects Maria G. Sinanidou, Int. IP LL.M. Corfu, 26/06/2010
  • 2. Digitization
    • = the exchange of information, data, or works in a form capable of being processed by a computer, i.e. in binary code communication.
  • 3. Digitization
    • ensures high quality copies
    • provides ample opportunities for further processing
    • helps to copy an unlimited number and
    • is characterized by a high rate of transmission of reproduced material.
  • 4. Types of works
    • 1. Works protected by copyright
    • 2. Works protected by copyright, but exhausted
    • 3. Works that are not protected by copyright (any more)
  • 5. Google Books : The controversial project
    • 2004 : digitization
    • project with the aim
    • to build world’s
    • largest library
  • 6. H ow does the Google Books project work?
    • It depends on the status of the work
  • 7. 2005
    • American Publishers Association & the American Society of Writers
    •  class action against Google for massive violation of copyright
  • 8.
    • 2008
    • Google’s out of court settlement suggestion
    • to the plaintiffs/rightholders
    • amount 125 mio $
    • 28.10.2008
    • Acceptance of Settlement
    • 13.11.2009
    • Submission of amended Settlement and proposal for a pre-approval of the amended Settlement
  • 9. The Settlement
    • http://www.googlebooksettlement.com
    •  database with the whole text of digitized books by Google
    •  commercial use
    •  right of rightholders to decide upon use of their works - compensation
  • 10. What does the Settlement cover?
    • books and inserts (even if a work is part of the
    • Public Property or of Government Documents) which
    • are protected by copyright and are digitized until
    • 05/01/2009.
    • EXCLUDED : photos , graphic designs , artworks ,
    • illustrations (no children) and other picturial works
    • included in the book, unless the rightholder of the
    • optic project is the same as the rightholder of the
    • text. Also excluded are journals , personal and
    • government documents and projects that have ended
    • the term of protection by copyright.
  • 11.
    • The book should either be
    • a) issued U.S. and declared to the Directorate of Intellectual Property (US Copyright Office) until 05.01.2009 or b) issued in Canada, Australia, or the UK until 05.01.2009
  • 12. Distribution
    • Publishers  63%
    • Google  37%
  • 13.
    • O pt out from the Amended Settlement
    • = to send a written request to be removed from
    • t he Amended Settlement.
    • If you opt out of the Amended Settlement (or
    • opted out of the Original Settlement and do not
    • opt back in) = you will not receive any of the
    • Amended Settlement’s benefits & you will not
    • be bound by any of its terms, including the
    • release of claims against Google.
  • 14. B ook Rights Registry
    • no n -profit entity
    • represents the interests of rightholders
    • equal representation of the Author Sub-Class & Publisher Sub-Class on its Board of Directors
    • at least one author & publisher representative from each of the US, Canada, the UK & Australia
    • delegate to an independent fiduciary responsibility for the exploitation of unclaimed books and inserts under the Settlement
  • 15. Funding of Registry
    • 34.5 mio $
    • Google has already paid 12 mio $.
    • On an ongoing basis, the Registry will be funded by
    • taking an administrative fee as a percentage of
    • revenues received from Google .
  • 16. Effective Date
    • when the Amended Settlement has been finally approved by the Court and is no longer subject to any appeal!
    • will be posted on website
  • 17.
    • 31.03.2011: deadline for beneficiaries to claim
    • compensation of $ 60 per book (extended from
    • 05.01.2010)
    • 09.03.2012: final date for exercising the right
    • to exclude books from the digital database (for
    • libraries: 04.05.2011)
  • 18. Evaluation of effects on:
    • Copyright
    • Culture
    • Competition
    • ( the European perspective )
  • 19. Copyright
    • only works that were published by 05.01.2009 &
    • e ither registered with the U.S.Copyright Office by
    • t hat date or their place of publication was in the UK ,
    • Canada or Australia.
    • A work will be considered to have a place of publication
    • in the UK, Canada or Australia , if its printed copy
    • contains information indicating that the place of
    • publication was in one of those countries.
    • New Class : 80% of English written works
  • 20.
    • Adequate representation of rightholders in the
    • Registry? (only members of class/publishers in
    • the UK, Australia, USA and Canada).
    • Other rightholders shall negotiate individually,
    • in order to become parties of the Settlement.
    • Disadvantage: The rightholders who are not
    • members of the class can not be parties of the
    • Settlement.
  • 21. Commercial available
    • if, at the time in question, the book is offered for sale new by a seller anywhere in the world to a buyer in the US, the UK, Canada or Australia.
    • Book = commercially available  Google will not be authorized to make any display uses of the book unless a rightholder of the book gives express permission to do so.
    • Book = not commercially available ,  Google will be able to make all display uses of the book unless a rightholder of the book instructs Google to exclude the book from one or more display uses .
  • 22. Grey zone
    • Books that have been digitized before
    • 13.11.2009;
  • 23. Orphan Works & undistributed profits:
    •  Profits will be disposed after 5 years to identify the
    • rightholders & will be redistributed among the already
    • known rightholders or for other functions of the Registry.
    • After 10 years the Registry may ask the court for
    • distribution to nonprofit organizations of rightholders.
    • Registry will appoint a custodian to represent the
    • beneficiaries and protect their rights and give permission to
    • others to the limit allowed by law.
  • 24. Culture
    •  Important step in digitization and access to culture
    • Benefits exclusively in the U.S= increasing
    • number of English books available to U.S. users
    •  Reduction of number of orphan works
    •  New ways to market books and projects
    • New sources of income for rightholders
    • Need to intensify actions of digitization of works in
    • Europe  Europeana
    •  Risk to privacy (?)
  • 25. Competition
    •  Survey of the U.S. Department of Justice on potential
    • impact of the Settlement: Recommendation to reject the
    • Settlement
    •  Microsoft, Amazon & Yahoo! : Ratification of the
    • Settlement would create a monopoly in the publishing
    • sector worldwide
    •  Price competition limitation
    •  Is a class action settlement in litigation between
    • private parties an appropriate vehicle for making public
    • policy?
  • 26. Europeana
    • Europe’s
    • Digital Library
    • www.europeana.eu
  • 27.  
  • 28.
    • europeana . eu
    •  links you to 6 mio digital items
    • Images - paintings, drawings, maps, photos & pictures of museum objects
    • Texts - books, newspapers, letters, diaries & archival papers
    • Sounds - music and spoken word from cylinders, tapes, discs & radio broadcasts
    • Videos - films, newsreels & TV broadcasts
    • from museums & galleries, archives, libraries, audio-visual
    • collections
  • 29. Europeana
    • = Europe’s response to the Google Books project
    • EU-wide solution to facilitate the digitization &
    • dissemination of orphan works and the establishment of
    • common 'due diligence' standards to recognize orphan
    • status across the EU.
    • ARROW (Accessible Registries of Rights information
    • and Orphan works) = gathers national libraries,
    • collective management organizations and publishers.
  • 30. Copyright & Europeana
    • Public domain
    • legal framework  hinders licensing procedure
    • includes neither out of print books (≈90% of the content of national libraries), nor orphan works (≈ 10-20% of national collections)
  • 31. 3 important steps
    • Orphan Works
    • Collecting societies role in mass digitization & liquidations of rights
    • 3. Linking of registries about rights within Europe ( eg ARROW )
  • 32. Communication on Copyright in the Knowledge Economy 09/2009
    • Charlie McCreevy και Viviane Reding
    • Digital Libraries ( Europeana )  new ways of a2k
    • Important key to find solutions for orphan works
    • “ If we act swiftly, pro-competitive European solutions on books digitization may well be sooner operational than the solutions presently envisaged under the Google Books Settlement in the United States .”
  • 33.
    • " ... Europe should seize this opportunity to take the lead, and to ensure that books digitization takes place on the basis of European copyright law, and in full respect of Europe's cultural diversity.
    • Europe, with its rich cultural heritage, has most to offer and most to win from books digitization. If we act swiftly, pro-competitive European solutions on books digitization may well be sooner operational than the solutions presently envisaged under the Google Books Settlement in the US."
  • 34. European Commission & Digitization
    •  collect information
    •  develop quantitative targets
    •  create public-private partnerships for funding purposes
    •  develop facilities for large-scale digitization
    •  endorse the European Digital Library
    •  improve conditions for digitization & online accessibility
    •  set-up national strategies & action plans
    • establish appropriate legislative provisions
    • create policies & procedures for the deposit of digital material
  • 35.
    • Thank you …
    • [email_address]
    • www.opi.gr

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