THE TIMES PROVIDES A MOST USEFUL SUCCINCT SUMMARY ABOUT THE GOOGLE SITUATION FOR THE LAYMAN
From Times Online
November 17, 2009

Q&A: GOOGLE'S ONLINE LIBRARY Google's new library will enable tens of thousands of British writers to profit as readers gain access to millions of works

Q: What? Google’s scanned in every book in the world?
Google started a “secret” books project in 2002. It started scanning the pages of millions of books. The aim was, one day, to launch an online service enabling people to access pages and works. Google Books has done ten million so far

Q: Did Google get away with it?
No. In 2004 Google announced its Google Library Project: agreements with libraries to digitise books, including books protected by US copyright law. Several authors and publishers sued, claiming Google had infringed their copyrights

Q: Who won?
Google offered to pay $125 million to the Authors Guild of America. The deal was criticised and last week amended. Now books published only in the US, UK, Canada and Australia will be part of Google Books

Q: Who benefits?
The authors and publishers, known as the “rights-holders” of out-of-print and “orphan” books

Q: An orphan work? Is that worse than being out of print?
According to Google, a book that is “not commercially available” is considered out of print, ie, if you can’t buy it online, or if it’s not stocked in traditional booksellers. An orphan work is an out-of-print work where normal copyright laws apply, but whose rights owner is unknown

Q: How will “rights-holders” be paid?
First they have to be found. A new registry will track down authors of out-of-print works and hand over payments in the countries where the settlement applies. With “orphan” works, if the rights holder can’t be found, revenues from their work will be collected for ten years. After that, the money will be used in the continued effort to find copyright owners

Q: How much will they receive?
Authors will pocket at least $60, if their book has been scanned, is out of print and they choose not to opt out of the system. After that, they will get revenues from any sales of their works on Google Books. About two thirds of proceeds go to copyright owners, while Google receives about a third

Q: How many British authors stand to gain?
More than 20,000 Britons whose works are out of print, but whose books are stored in US libraries and resurrected by Google, will benefit

Q: Great. What’s the objection?
Unless, you say otherwise, you’re presumed to have opted in to the project. With that comes the loss of rights. You can’t sue Google for copyright infringement, and many lawyers think that that makes the deal questionable, if not illegal. Also, it gives Google extraordinary power. From having zero market share in publishing, suddenly they stock ten million books, seven million of which you’re not likely to find anywhere else

Q: When can I read these online books?
Not yet. Most believe the deal is likely to be held up by legal battles in the US. The deal only allows US readers to access the service. Google says it hopes to launch the service in the UK at some point.