Text of Digitization of works and access to culture: Recent developments in Google Books & Europeana
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 worlds
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
Googles 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 Settlements 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
