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So what does this mean for ALCS Members?
The settlement is not limited to US authors and publications. It applies to books and 'inserts' published or distributed in the USA prior to the 5 January 2009, which may include many works authored by UK writers.
Many UK writers are part of the class to which this settlement applies
Inserts are distinct parts of text included within books – examples given include forewords, poems and quotations from other books, and a limited range of graphic works, including illustrations from children’s books.
Many UK writers (or their heirs and successors) are therefore part of the class to which this settlement applies and have the opportunity to submit claims for financial recompense. ALCS recommends that you review your options to ensure that you do not miss out.
What are my options?
Authors can participate in the settlement by registering claims against their works; authors that do not wish to be included have the chance to opt their works out of the settlement.
What do I need to do if I wish to participate in the settlement?
Claimants will then have until 5 January 2010 to submit claims
After 5 May 2009, once the works that are subject to the settlement have been identified (after opt-outs have been taken into account) a list of works included within the settlement will be published on the settlement website.
Claimants will then have until 5 January 2010 to submit claims. A court hearing for final approval of the settlement has been scheduled for 11 June 2009.
Claim online
Alternatively, claim forms can be downloaded from the settlement website and submitted in hard copy
The settlement website provides a step-by-step online process for submitting claims, including identifying which works have been digitised. Alternatively, claim forms can be downloaded from the settlement website and submitted in hard copy.
Claim by post
As a further alternative authors can contact the settlement Administrator directly by post:
c/o Rust Consulting, Inc., PO Box 9364, Minneapolis, MN 55440-9364, USA.
Claim by email
Click here to register claims or to provide notification of opt-outs. On request from Members ALCS will, where possible, try to identify whether your work has been scanned and notify you. However, it would also be prudent for you to look at the website as well to check against all your works.
What do I need to do if I decide that I do not want to be included within the settlement?
If you do not wish to participate in the settlement you have until 5 May 2009 to opt out by notifying the settlement Administrator as detailed above.
How much am I likely to get from the settlement if I make a claim?
Google has agreed to make available a pot of at least $45m for claims
To account for the books and inserts scanned before the opt-out date, Google has agreed to make available a pot of at least $45m for claims. For each work claimed against, minimum rates of $60 (books), $15 (inserts), $5 (partial inserts) will apply. The money attaches to the digitised content, so multiple claims for exactly the same text appearing in multiple volumes will not attract multiple payments.
If total claims are less than $45m, further payments will be made of up to $300 per book and up to $75 per insert. Any surplus after this allocation will be dealt with under the rules applying to the Book Rights Registry (see above).
Further information
Further information about the proposed Google settlement can be found at
http://books.google.com/booksrightsholders which includes the text of the Notice of Class Action settlement, summarising the main points. ALCS Members should ensure that they have provided ALCS with up-to-date contact information so that they can be provided with further updates as developments occur.
Please visit the ALCS website (www.alcs.co.uk) for a set of Frequently Asked Questions and other documentation relating to the settlement.
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