Thursday, August 20, 2009


Google book project far from settled
James Temple, San Francisco Chronicle Staff Writer
Wednesday, August 19, 2009

As the deadline draws near for authors and publishers to opt out of a proposed legal settlement allowing Google Inc. to forge ahead with plans to scan millions of books, more opponents of the landmark deal are stepping forward, and the local literary world is growing more perplexed.

The agreement, reached in October after two years of negotiations, would resolve lawsuits filed by writers, the Authors Guild and members of the Association of American Publishers against Google for digitizing libraries of out-of-print books and making them searchable online. The deal would allow the Mountain View company to move forward with its ambitious project while establishing a system to sort out and compensate the appropriate rights holders.
But in recent weeks, influential industry organizations, including the National Writers Union and entertainment agency William Morris Endeavor, have come out against the settlement. The public debate between these groups and deal proponents is exacerbating confusion over details in the more than 300-page document, including the ability of authors to seek larger royalties, the amount of control it hands Google over unclaimed works and the broader implications for copyright law.
"Smart people, major players that are sophisticated in the ways of publishing, are still at loggerheads," said Ted Weinstein, a San Francisco literary agent. He said they're not just arguing whether the deal is good or bad, "but still expressing disagreement about what exactly it will do. That's a problem."
The complexity of the agreement has led some to reject the deal out of hand, including San Francisco author Stephen Elliott.
"The lawyers for the Authors Guild ... understand it, Google understands it, but I don't know any writer who understands it," said the author of seven books, including "Happy Baby." "That's really enough for a 'no' right there."
And from Publishers Lunch:
Google to Partner with France's National Library
Even as opposition swirls, Google Books continues to make deals with national libraries, the most recent being the Bibliothèque Nationale de France (BNF) after a four-year battle. BNF director of collections Denis Bruckman described the decision to La Tribune as "purely financial", as France provided only €5 million a year for digitising books for Gallica, the national digital library, yet the national library needed up to €80 million (£68 million) just for its works from 1870 to 1940. "We will not stop our own digitising programme, but if Google can enable us to go faster and farther, then why not?"

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