The Google Book Settlement - and what it means for learners and researchers in the UK
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The Google Book Settlement - and what it means for learners and researchers in the UK

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A brief summary of the issues associated with the proposed Google Book Settlement, particularly as they pertain to UK learners and researchers. This presentation is based on the summary text prepared ...

A brief summary of the issues associated with the proposed Google Book Settlement, particularly as they pertain to UK learners and researchers. This presentation is based on the summary text prepared by Naomi Korn and Rachel Bruce (JISC) available at http://writetoreply.org/googlebooks/.

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  • If you are based in the UK (or have views on the UK implications of this settlement), you can leave comments at http://writetoreply.org/googlebooks/.
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    The Google Book Settlement - and what it means for learners and researchers in the UK The Google Book Settlement - and what it means for learners and researchers in the UK Presentation Transcript

    • The Google Book Settlement
      ...and what it means for learners and researchers in the UK
      andy.powell@eduserv.org.uk
      http://twitter.com/andypowe11
      29 September 2009
      based on a summary by Naomi Korn and Rachel Bruce
      (for image credits see final slide)
    • Background
      in 2004 Google started mass digitisation of books in the collections of several libraries and protected by US copyright law
      several authors and publishers brought a lawsuit against them claiming infringement of copyright
      Google claimed ‘fair use’ but have subsequently reached agreement with representatives of rights owners and publishers
    • The settlement
      covers US published works – books, inserts in books, government works, public domain books
      ...published on or before 5th January 2009
      the Book Rights Registry (BRR) will be established to distribute revenues, find rights holders, settle rights disputes and, where authorised, exploit third party rights
      works which are still in print will require copyright holders to opt in 
    • Review
      the settlement is currently under review by United States District Court, Southern District of New York
      a ‘status update’ will take place on the 7th October 2009 to “determine how to proceed with the case as expeditiously as possible”
      note: negotiations with US Department of Justice likely to lead to some revisions to settlement outlined here
    • Detail
      the settlement allows Google to offer 4 primary services
      previews
      consumer purchases
      institutional subscriptions
      free public access service
      but note... this is a US settlement under US law and therefore only applies in the US
    • Previews
      all US users will be able to search Google’s entire search database for digitised books free, and view up to 20% of text from out-of-print books
      there are special rules for special categories e.g. fiction vs. non-fiction
    • Consumer purchases
      US users may buy perpetual online access to the full text of out-of-print books
      may also buy access to in-print books, provided that the copyright owner has “opted in”
    • Institutional subscriptions
      US users within an institution may view the full text of all the books in the Institutional Subscription Database (ISD)
      this includes all books in the in-copyright but out-of-print category
    • Free public access
      Google may provide a Free Public Access Service to not-for-profit higher education institutions and public libraries on specified conditions
      note: for public libraries, no more than one terminal per library building
      Google will also share its collection of out-of-print works with other books re-sellers who will be able to provide online access
    • Issues - territoriality
      this is a US-only settlement (did I mention that already?)
      UK readers will not be able to access the full-text view of any texts, only the display and snippets views
      UK researchers will therefore be at a disadvantage to their US colleagues in not being able to view full text works nor the complete database of scanned books
    • Issues - control
      the Google digitisation programme may amount to over 30 million books
      Google’s 5-year lead means that other projects will find it difficult to mount competitive digitisation programmes
      a large proportion of the world’s heritage of books in digital format and associated metadata will therefore be under the control of a single US corporate entity
    • Issues - preservation
      there do not appear to be any provisions for long term preservation of the entire database of digitised books in the settlement
      and there are no stipulations for the legal deposit of this database in the instance that Google no longer wishes to preserve it
    • Issues - pricing
      economic terms for the Institutional Subscriptions Database will be based upon the realisation of revenue at market rates, and the realisation of broad access by the public (including higher education institutions)
      it is crucial that broad access is given full consideration in this settlement to ensure that the beneficial societal effects of the project are realised
    • Issues - censorship
      Google may exclude 15 % of scanned out-of-print, in copyrightbooks from the database
      this may amount to the exclusion of 1 million books
      political pressure may be used to exclude particular books
      note: such exclusions must be published together with the reasons for their exclusion
    • Issues - privacy
      some of the services offered imply that Google will collect and retain information of users’ activities
      however, the settlement does not specify how users’ privacy will be protected and in particular how that data may then be used
    • Issues - research
      the collection of scanned books represents a unique corpus for analysis and research
      Google and two institutions may offer this for purposes of “non-consumptive research” (*) by “qualified users”
      the host site decides who is qualified and whether research is non-consumptive – no challenge available
      (*) “non-consumptive” means that the text is not accessed for display or reading
    • Issues - contracts
      the settlement does not stipulate that its terms will not supersede legislated users’ rights, including specific and general exceptions for libraries and users, and any existing or new approaches to making orphan works accessible
    • And finally...
      this is only a brief summarythere are other issues!
      these slides are based on theJISC summary (by Naomi Kornand Rachel Bruce) availableat:http://writetoreply.org/googlebooks/
      CC images by:
      v.max1978
      ailatan
      Dawn Endico
      Today is a good day
      anshu_si
      docman
      svenwerk
      Celeste
      Steve Rhodes
      Lin Pernille ♥ Photography
      Paul Mayne
      B_Zedan
      Eric M Martin
      (all on Flickr)