Below, see VIDEO links from Coumbia Law Center
Google, authors and publishers recently entered into a settlement agreement in The Authors Guild et al. v. Google Inc., a class action lawsuit brought against Google in connection with its use of copyrighted books in its Book Search feature, and in The McGraw-Hill Companies et al. v. Google Inc., a separate lawsuit by publishers. The settlement, if approved by the court, purportedly will provide new opportunities for authors and publishers to market their works. It will also enhance the publics ability to search for books and to get partial text displays (and, in the case of many older works, full text displays) at home, at school, and in libraries. At the same time, the settlement may have significant implications for copyright law, competition, research and scholarship.
The settlement creates a complicated and comprehensive plan for:
copying copyrighted books in the collections of participating libraries, including them in Googles database, and displaying all or part of them under certain circumstances deriving revenues from certain uses of the database and from sales of books paying authors and publishers creating a Book Rights Registry to facilitate the distribution of revenues to right holders opt out by right holders, as well as a mechanism by which participating right holders can limit use of their books free public access to Googles digital library from public libraries and universities
The settlement embraces copyrighted works in U.S. libraries, regardless of whether the rightholders are U.S. or foreign nationals, unless the right holders opt out, which they must do by May 5, 2009.
The Kernochan Center for Law, Media and the Arts presented a full-day conference on these topics. The potential long-term implications of the Google settlement for the parties, for other stakeholders whose works are not included in the settlement (e.g., photographers and illustrators), and for the public interest were examined.
Introduction: June M. Besek, Executive Director, Kernochan Center, Columbia Law School
Legislating Through Settlement: Marybeth Peters, U.S. Register of Copyrights
Competition Issues: Prof. Randal C. Picker, University of Chicago Law School
Panel: The Future of "Books"
Moderator: June M. Besek, Executive Director, Kernochan Center, Columbia Law School
Allan R. Adler, Vice President – Legal and Governmental Affairs, Association of American Publishers (AAP)
Niko Pfund, Vice President and Publisher, Trade and Academic Books, Oxford University Press, New York
Richard Sarnoff, Co-Chairman, Bertelsmann, Inc. and President, Bertelsmann Digital Media Investments
Jule Sigall, Senior Policy Counsel/Copyright and Trademark, Microsoft Corp.
Herman Spruijt, President, International Publishers Association
Lois F. Wasoff, Legal Consultant, former Vice President and Corporate Counsel, Houghton Mifflin Company
Panel: Authors and Incentives
Moderator: Prof. Jane C. Ginsburg, Columbia Law School
Tracey Armstrong, President and CEO, Copyright Clearance Center
Panel: The Public Interest
Moderator: Mary Rasenberger, Counsel, Skadden, Arps, Slate, Meagher & Flom LLP