Google Book Settlement

The Google Books Settlement A Brief Introduction for the ZSR Library Lauren Pressley Instructional Design Librarian December 18, 2008

“The Google Settlement - From the Universal Library to the Universal Bookstore” -Paul Courant http://paulcourant.net/

History of Google Books

with context!

1996 http://www.wired.com/wired/archive/13.08/battelle.html

1996 • Initial work on Google (BackRub)

http://www.ﬂickr.com/photos/33049234@N00/433072442 1997

1997 • DVDs introduced to American market • “Backrub” renamed “Google”

1998

1998 • Mozilla Foundation formed • Google received ﬁrst funding, space, and hired ﬁrst employee

2002 http://www.ﬂickr.com/photos/11127460@N00/1476380120

2002 • Friendster started • Google begins a “secret” book project

2003 http://www.ﬂickr.com/photos/pathﬁnderlinden/199857832/

2003 • SecondLife • Google begins experimentation with scanning books

2004

2004 • theFacebook.com created • Google begins forming relationships with libraries and publishers • Announce Google Print project

2005 • One Laptop Per Child announced • Rename to “Google Books”

2006 • The Nintendo Wii • Improve the Google Books interface, adding features including “about this book” pages

2007 • The iPhone • Google Books adds rich metadata: popular passages, places in this book, etc.

2008

Recent Developments • More than 7 million books • Magazines

7+ Million Books http://www.ﬂickr.com/photos/51035555243@N01/85441961

Magazines! http://www.ﬂickr.com/photos/68676385@N00/28406568

Questionable Conduct • Scanning = Copying • Did Google need a license to copy? • Google said, “No: Fair use!”

http://www.ﬂickr.com/photos/magisterludi/134406718/

September 20, 2005

The Suit • Author’s Guild and several authors • Followed by October 19 suit by ﬁve Association of American Publishers members • Argued: Google violating copyright

http://www.ﬂickr.com/photos/joegratz/117048243/

October 28, 2008

Settlement • Over 130 Pages • $125 Million Dollars • Google becomes the web’s largest online commercial bookseller.

[The deal is]“breathtaking in scope, groundbreaking for publishers and authors, and trailblazing for intellectual property in general.” - Richard Sarnoff, chairman of the AAP http://chronicle.com/wiredcampus/article/3423/google-publishers-and-authors-settle-huge-lawsuit-over-book-scanning-project

130+ Pages http://www.ﬂickr.com/photos/cdm/43454184/

$125M http://www.ﬂickr.com/photos/21313845@N04/2402698820/

“Where does this leave the role of the publisher? Anyone can publish content now and peer reviewing can take place in an entirely different way.” -Phil Bradley, blogger and library consultant http://www.iwr.co.uk/information-world-review/features/2231863/tight-embrace

Settlement • Creates a Book Rights Registry • Pays Legal Fees • Pays Rights Holders

Settlement • Excludes: • Periodicals • Personal Papers • Works with a quantity of musical notation or lyrics

http://www.ﬂickr.com/photos/jeope/458805152/

http://www.ﬂickr.com/photos/bobaubuchon/2266418298/

http://www.ﬂickr.com/photos/chrysti/2438813463/

Book Rights Registry • Created by Google • Overseen by board of publishers and authors • Will locate and represent copyright holders • Will be funded by portion of Google’s revenues

Book Rights Registry http://www.ﬂickr.com/photos/11086302@N00/2414864070

http://www.ﬂickr.com/photos/tcmhitchhiker/2435851122/

What Rightsholders Got • Can opt in and maintain over how much content can be seen • Can set prices or use Google algorithm • Receive between 35% and 100% revenue

“We had a major disagreement with Google about copyright law... We still do, and probably always will.” But he said that the parties had been “able to set those issues aside” for what “may be the biggest book deal in U.S. publishing history.” -Paul Aiken, Author’s Guild executive director http://chronicle.com/wiredcampus/article/3423/google- publishers-and-authors-settle-huge-lawsuit-over-book-scanning-project

http://www.ﬂickr.com/photos/manfrys/2226178289/

What Google Got • The market: settlement makes it harder for competition • Largest online bookstore: access, print, and buy books • Retain 37% revenue • Has the option for print-on-demand and subscription services

What Google Got • Publishers agreed not to sue if mistakes were made with regard to orphan works • Can display more text

http://www.ﬂickr.com/photos/fcb/175222049/

What Americans Got • More content will be viewable • Will be able to buy online access to a book or print out books for a per-page charge • Perpetual computer access to purchased books • Copy and paste for purchased books

What Americans Got • Watermarked printing • Annotations, and the ability to share with 25 people

“Although it is only a US settlement I think it is going to set a precedent or standard worldwide. The business model is going to become a paradigm for everybody.” -Mark Cardin, VP of Mylibrary provider Ingram Micro http:// www.iwr.co.uk/information-world-review/features/2231863/tight-embrace

http://www.ﬂickr.com/photos/tom1231/1140607337/

What not-for-proﬁtLibraries Got and Public higher education institutions that request it • One (library provided) access terminal per building for 4,000 FTE • Software to navigate the collection

What Academic Libraries Got • Ability to subscribe to the service • Remote access for faculty at home and students in residence halls

“This is a service that libraries, because of copyright restrictions, could not offer on their own and goes well beyond what would have been possible, even if Google had prevailed in defending the lawsuit.” -Paul Courant http://chronicle.com/wiredcampus/article/3423/ google-publishers-and-authors-settle-huge-lawsuit-over-book-scanning-project

Library Pricing http://www.ﬂickr.com/photos/mamabarns/379951706/

Library Pricing • Still in process • Governed by plaintiffs (none of which were libraries) • Guided by: • Similar products, scope of books, quality of scan, available features

Library Pricing • Will be able to purchase discipline- based collections • Google can subsidize “fully participating” and “cooperating” library subscriptions • Initial pricing structures will last 2-3 years

Library Types • Fully Participating: lets google scan, retain copies, follow security provisions • Cooperating: lets google scan, without copies and associated security provisions • Public Domain: Provide Google Public Domain works • Other: Allow scanning without participating in the settlement

The Research Corpus • Subset of the collection for sophisticated computer analysis and research • Libraries choose two sites, Google is the third • Designed for non-consumptive research: • image analysis, text extraction, textual analysis, etc.

http://www.ﬂickr.com/photos/96544444@N00/2250807329

Next Actions • Soon: Registry to begin • 6/11/09: Court approval • Rightsholders will have 120 days to opt out (and still, after that) • Mid/late-2009: Final approval expected • 2010: Likely to go into effect

Further Resources • Google: http://books.google.com/googlebooks/agreement/press.html • AAP: http://publishers.org/main/Copyright/Google/Release.htm • Author’s Guild: http://www.authorsguild.org/advocacy/ articles/settlement-resources.html • ARL Paper: http://www.arl.org/bm~doc/google- settlement-13nov08.pdf • Other Links: http://delicious.com/laurenpressley/gps

“IMHO, this is a good deal that could be the basis for something really fantastic.” -Lawrence Lessig http://lessig.org/blog/2008/10/ on_the_google_book_search_agre.html

Google Book Settlement

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