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

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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