Google book settlement, archived information
ALCS’ Involvement in the Proposed Google Book Settlement
Background
The proposed Google Book Settlement (Settlement) arises from a class action lawsuit brought against Google by the Authors Guild USA and by the Association of American Publishers for unauthorised copying of over ten million books held in libraries with which Google had relationships. From the outset ALCS gave its support to the Authors Guild for taking a stance to protect the value of copyright and in condemning the actions of Google in digitising works without permission.
The proposed Settlement was announced to ALCS in October 2008 at the International Federation of Reproduction Rights Organisation’s (IFRRO) Conference in Jamaica. At that time it was clear that a mechanism for sharing the details of the Settlement with UK writers was required and that, following consultation with the UK writers’ unions, it was agreed that ALCS was best placed to do so amongst the writing community. Kinsella Novak, the company in the US charged with sharing this information globally also took out adverts in several UK publications to ensure that as many UK writers as possible were targeted.
Sharing of information with Members
ALCS wrote to all our Members with published books about the settlement explaining the timetable and range of options open to them. We also shared the information on both the ALCS website and through ALCS News. So that Members could see the rationale behind the settlement, the views of the Authors Guild in the US were also shared with ALCS Members via ALCS News.
We then asked Google to identify which of our Members’ works had been digitised. Having received this information, we then wrote to those Members directly to inform them.
Feedback from Members
Having written to Members for whom we believed there could be money owing from the settlement, ALCS was contacted by a number of writers indicating they wished to be part of the Settlement and enquiring whether ALCS would be in a position to administer payments on their behalf. As a result ALCS sought the opinion of all affected Members and over 2,000 wrote back saying they wanted to remain in the Settlement and would be interested in a service for claiming from Google if ALCS were to provide it - enabling them to be paid via our normal distribution channels rather than incurring the exchange rate charges and bank charges of cashing US dollar cheques.
What has ALCS said about the Settlement?
In September 2009 the Authors Guild USA asked ALCS to write to the Judge presiding over the Settlement explaining the nature of collective licensing in the UK and how we trace writers for whom we hold monies. We also indicated that the majority of the writers we had heard from wished to remain in the settlement and had asked us to provide a service for claiming funds from Google. [click here to see initial letter to the Court]
ALCS was later asked to submit an affidavit confirming ALCS’ role, the nature of collective licensing, how swiftly payments could be made to authors, our role in informing writers of the Settlement and our thoughts on the proposed Books Rights Registry which would administer future uses of works should authors deem it appropriate. [click here to see affidavit]
ALCS’ role
ALCS has not made recommendations to Members either to remain in the Settlement or to opt out. Instead we have sought to act as a facilitator informing writers of the progress of the Settlement and by creating a system by which they can easily claim their ‘cash payment’. This system was also created to improve our processes regarding the validation of our Members’ works and will be integrated into our core operational systems.
When corresponding with Members, we have actively encouraged all agented writers to speak with their agents on this matter. However, the majority of ALCS’ 75,000 writer Members do not have agents and our role is to ensure that all Members are in a position to make informed decisions where they might be affected. With this in mind, ALCS has sought to share information on the proposed Settlement as and when it becomes available with all (both agented and un-agented) Members so that they are kept fully up to date with developments.
And for the future…..
ALCS will continue to monitor the Google Book Settlement going forward, share information with our Members via our two main methods of communication, the ALCS Website and our newsletter, ALCS News. Should the Settlement be approved, we will communicate directly with any Member who we believe has had their work digitised without permission by Google so that those who wish have the opportunity to claim any payment being offered via the ALCS system.
Note
The proposed Google Book Settlement is different from the Google Partnership Progamme, under which Google has made agreements with some publishers regarding on-line access to extracts of certain books.
For more information on the Settlement [click here].
Links and downloads
FAQs about the Google settlement
The summary notice
The full notice
Information for ALCS Members
The administration website for the settlement website
The Google Settlement supplemental notice (in English)
The article about the Google settlement featured in the Spring 2009 edition of ALCS News can be viewed here.