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Digitization of works & access to culture:
Recent Developments in theGoogle Books & Europeana
projects
Maria G. Sinanidou, Int. IP LL.M.Corfu, 26/06/2010
Digitization
= the exchange of information, data, or works in a form capable of being processed by a computer, i.e. in binary code communication.
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.
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)
Google Books:
The controversial project
2004: digitizationproject with the
aimto build world’slargest library
How does the Google Books project work?
It depends on the status of the
work
2005
American Publishers Association & the American Society of Writers
class action against Google for massive violation of copyright
2008 Google’s out of court settlement suggestion
to the plaintiffs/rightholdersamount 125 mio $
28.10.2008Acceptance of Settlement
13.11.2009 Submission of amended Settlement and
proposal for a pre-approval of the amended Settlement
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
What does the Settlement cover?
books and inserts (even if a work is part of thePublic Property or of Government Documents)
whichare protected by copyright and are digitized until05/01/2009.
EXCLUDED: photos, graphic designs, artworks,illustrations (no children) and other picturial
worksincluded in the book, unless the rightholder of theoptic project is the same as the rightholder of thetext. Also excluded are journals, personal andgovernment documents and projects that have
endedthe term of protection by copyright.
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
Distribution
Publishers 63%
Google 37%
Opt out from the Amended Settlement = to send a written request to be removed
fromthe Amended Settlement.
If you opt out of the Amended Settlement (oropted out of the Original Settlement and do
notopt back in) = you will not receive any of theAmended Settlement’s benefits & you will
notbe bound by any of its terms, including therelease of claims against Google.
Book Rights Registry• non-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
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.
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
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 rightto exclude books from the digital database
(forlibraries: 04.05.2011)
Evaluation of effects on:
Copyright Culture
Competition
(the European perspective)
Copyright only works that were published by 05.01.2009 &either registered with the U.S.Copyright Office bythat 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 copycontains information indicating that the place ofpublication was in one of those countries.
New Class: 80% of English written works
Adequate representation of rightholders in theRegistry? (only members of class/publishers inthe UK, Australia, USA and Canada).
Other rightholders shall negotiate individually,in order to become parties of the Settlement.
Disadvantage: The rightholders who are notmembers of the class can not be parties of theSettlement.
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.
Grey zone
Books that have been digitized before
13.11.2009;
Orphan Works& undistributed profits:
Profits will be disposed after 5 years to identify therightholders & will be redistributed among the alreadyknown rightholders or for other functions of the Registry.
After 10 years the Registry may ask the court fordistribution to nonprofit organizations of rightholders.
Registry will appoint a custodian to represent thebeneficiaries and protect their rights and give permission
to
others to the limit allowed by law.
Culture Important step in digitization and access to
culture
Benefits exclusively in the U.S= increasingnumber 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 (?)
Competition Survey of the U.S. Department of Justice on
potentialimpact of the Settlement: Recommendation to
reject theSettlement
Microsoft, Amazon & Yahoo!: Ratification of theSettlement would create a monopoly in the
publishingsector worldwide
Price competition limitation
Is a class action settlement in litigation between
private parties an appropriate vehicle for making public
policy?
Europeana
Europe’s Digital Library
www.europeana.eu
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
Europeana
= Europe’s response to the Google Books project
• EU-wide solution to facilitate the digitization &dissemination of orphan works and the
establishment ofcommon 'due diligence' standards to recognize
orphanstatus across the EU.
• ARROW (Accessible Registries of Rights information
and Orphan works) = gathers national libraries,collective management organizations and
publishers.
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)
3 important steps
1. Orphan Works
2. Collecting societies role in mass digitization & liquidations of rights
3. Linking of registries about rights within Europe (eg ARROW)
Communication on Copyright in the Knowledge Economy
09/2009Charlie McCreevy και Viviane Reding
• Digital Libraries (Europeana) new ways of a2kImportant 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.”
" ... 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."
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
