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The Google Book Settlement:
What it means for Canadian
libraries, universities and
researchers*
Tony Horava
University of Ottawa
CRKN AGM, Oct 8, 2009
* Several of these slides are
taken from a presentation
jointly made with Sian Meikle,
University of Toronto
Overview
  Quick survey of proposed settlement
  Access to Google Books
  Copyright issues
  Marketplace impacts
  Competition issues
  Privacy matters
  Academic freedom
  Questions and conclusion.




Google Books Settlement - CRKN
                                        2
AGM
Google Book Search

  Started in 2004
  42 Library Partners & Publisher Partners program
  Google-funded
  In-copyright and out-of-copyright material
        – Google and selected library partner servers only
   10 million books to date:
        – 2 million public domain (20%)
        – 7.5 million in copyright, out of print (75%)
        – 0.5 million in copyright, in print (5%)
  Eventual aim: 30 million books

Google Books Settlement - CRKN
                                                             3
AGM
Proposed Google Books Settlement
  2005
     – US class-action lawsuit against Google
     – American Publishers Association
     – American Authors Guild
  October 28 2008
     – proposed settlement announced
     – Possible outcomes:
        accept, reject, or court oversight
     – Changing the agreement is not an option
  Nov 9 2009 (moved from June 11 09)
     – Sept 18: US Department of Justice advises Court not to
        accept settlement but to encourage further discussion
     – Sept 24: Court accepts motion to delay final hearing;
        will hold status conference on Nov 9 instead – a modified
        agreement to be presented.


Google Books Settlement - CRKN
                                                                    4
AGM
Google Books Settlement outline
  Covers online access in the US for books only:
        – published before January 5 2009
        – covered by Berne copyright convention (164 countries)
        – “Could” cover books published after above date
  Google pays $125 million
        – $34.5 million to establish Book Registry
        – $45 million to rights holders for books scanned prior to
          May 2009 ($60 per title)
        – $45.5 million for legal fees
  Split of future revenues:
        – 63% to copyright holders
        – 37% to Google

Google Books Settlement - CRKN
                                                                     5
AGM
Google Books Settlement – products
  Display uses (saleable products):
      – Access, preview, snippets, book records
  Non display uses (free and research products):
      – Display of metadata only; full-text and geographic indexing
         without display of text; analytical research across corpus; and
         Google R&D
  Inclusion:
      – In print books: need to opt-in to display uses
      – Out of print books: need to opt-out of display uses
      – In print = commercially available in USA and Europe
  Products:
      – Individuals: sale of perpetual access per title via Google
         server
      – Institutions: sale of annual access to ISD

Google Books Settlement - CRKN
                                                                           6
AGM
Book Rights Registry

  Non-profit independent agency representing plaintiff
    interests to:
     – Manage rights database: copyright status, contact
       information, rights information
     – Negotiates terms and prices of online book uses
       on behalf of rights holders
     – Distribute share of revenue to rights holders, based
       on formula in agreement
     – The Registry does not have to be made public.




Google Books Settlement - CRKN
                                                              7
AGM
The ‘Research Corpus’
  Represents all Google books except in-copyright works whose rights
     holders have removed their works
  Hosted at Google, up to two other mirror sites
  ‘Non-consumptive’ research:
      – linguistic analysis, automated translation, book relationships,
          index/search techniques
   If qualified users want to search the Research Corpus for ‘non
     consumptive’ research, e.g. textual or linguistic analysis, their research
     agenda needs to be approved by the host institution
   “Research Agenda” means a document that describes a research
     project in sufficient detail to demonstrate that it will be Non-Consumptive
     Research” (p. 17 of Settlement)
   Host institution is responsible. What will the criteria be?
   This will certainly conflict with academic freedom…fundamental values
     will be at play



Google Books Settlement - CRKN
                                                                                   8
AGM
What has the reaction been?
  Positive:
     – Enormous corpus representing our cultural
        heritage that is available to wide audience
     – Lack of ‘Orphan works’ legislation in US Congress
        is bypassed. NB- orphan works are those for which
        the rights holder is unknown or un-locatable.
  Concerns:
     – A de facto monopoly & copyright issues
     – Pricing
     – Intellectual freedom & Equity of access
     – Privacy
     – Long-term security of data

Google Books Settlement - CRKN
                                                            9
AGM
Copyright and monopoly challenges
  Raises public policy issues regarding the delicate balance between
    public and private good; how does it reflect upon the nature of
    copyright in a digital world?
  The interests of one group (known rights holders) are pitted against
    another (absent rights holders or orphans) in relation to revenue
    sharing and pricing.
  Can a class-action settlement provide equity for economic rights
    and address the public good?
  Compulsory licensing via class action settlement is supplanting
    copyright legislation as the driver for reproducing and
    disseminating in-copyright books (in a commercial model) to our
    collective cultural heritage – enormous risk for the stewardship
    role of libraries.
  What if Google’s business model completely changes in twenty
    years?
Google Books Settlement - CRKN
                                                                         10
AGM
Copyright and monopoly challenges (2)
  The Registry will not be available to the public - a key
    tool is being developed privately
  The board of the Registry will have no librarian or reader
    representation… this is very problematic for a
    balanced approach to copyright, access, and pricing.
  Will have a damper effect on Open Access and Creative
    Commons licensing – an ‘institutional bias’
    (Samuelson) against it. How will this affect the long-
    term plans of the Open Content Alliance, for example
  No other provider can be offered license terms better
    than Google’s for ten years – creates a virtual
    monopoly and enormous lead time advantage.
    Google has exclusive right to digitize the orphan
    works.
Google Books Settlement - CRKN
                                                               11
AGM
Pricing concerns
  Pricing to be determined by: the pricing of similar
     products & services; the scope of books available; the
     quality of the scan; and features offered via the
     subscription
  The settlement refers to two broad goals: 1)Market
     realization of revenues for rights holders, and 2)
     Broad access by the public including institutions of
     higher education …to be based on “comparable
     products and services”. But which ones?.
  Could lead to a widening of the digital divide between
     wealthier and poorer libraries.
  Lack of balance in these two objectives is a key reason
     for postponement.

Google Books Settlement - CRKN
                                                              12
AGM
Intellectual Freedom and Equity of Access
  Google can exclude a book for editorial reasons: on what basis? Pressure
     from governments or powerful interest groups could have an important
     impact, e.g. Google saving itself from embarrassment or bad PR by
     suppressing a controversial book
  The Settlement requires Google to provide public access and the ISD for
     only 85% of the in-copyright, not commercially available books
     (potentially 1M books)
  Censorship & freedom of expression – another conflict with library values
  Works within works might be excluded, depending on rights holder
     exercising his rights independently, eg an essay, a poem, a chart or a
     table
  The Settlement doesn’t include pictorial works, eg photographs and
     illustrations will be blacked out.




Google Books Settlement - CRKN
                                                                              13
AGM
Privacy concerns
  Google has an unprecedented opportunity to monitor
    and track user reading habits, eg when a user prints
    out pages from a book in the ISD, there will be a
    visible watermark displaying encrypted session
    information “which could be used to identify the
    authorized user that printed the material or the access
    point from which the material was printed” (art 4.1)
  “For purchases of online e-book access or access via
    institutional subscriptions, Google will have the
    technical ability to track every page that one views,
    even recording how long is spent on a page.” (Alan
    Inouye, ALA)
  For which purposes will Google collect data?
  What are the safeguards against misuse of data?
Google Books Settlement - CRKN
                                                              14
AGM
Questions
  Google is becoming a digital library of mammoth proportions - the purpose
    of our libraries and in particular our collections will be questioned.
  How do we partner with Google to take advantage of this dizzying
    opportunity for ‘’ breathing new commercial life into millions of long
    forgotten, commercially unavailable works”
  Can library values be respected in a modified settlement?
  Can a modified settlement allow Google, publishers, and authors to find
    compromise between private and public interests? Will it lead to
    ‘copyright peace’? (Department of Justice filing)
  How does it impact or challenge the ways in which students, researchers
    and others access culture, and enhance, collaborate, and produce new
    cultural works for education and scholarship?
  We need to monitor developments closely, and engage in vigorous,
    balanced advocacy with our stakeholders, and show support for US
    libraries & organizations that are raising serious concerns


Google Books Settlement - CRKN
                                                                              15
AGM
Conclusion
  • The Google Books Settlement offers much
    opportunity but many challenges - we need to monitor
    developments closely, engage in vigorous, balanced
    advocacy with our stakeholders, and show support for
    US libraries & organizations that have made their
    submissions (filings available in the Public Index)




Google Books Settlement - CRKN
                                                           16
AGM

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Crkn agm oct 2009 google books settlement

  • 1. The Google Book Settlement: What it means for Canadian libraries, universities and researchers* Tony Horava University of Ottawa CRKN AGM, Oct 8, 2009 * Several of these slides are taken from a presentation jointly made with Sian Meikle, University of Toronto
  • 2. Overview Quick survey of proposed settlement Access to Google Books Copyright issues Marketplace impacts Competition issues Privacy matters Academic freedom Questions and conclusion. Google Books Settlement - CRKN 2 AGM
  • 3. Google Book Search Started in 2004 42 Library Partners & Publisher Partners program Google-funded In-copyright and out-of-copyright material – Google and selected library partner servers only 10 million books to date: – 2 million public domain (20%) – 7.5 million in copyright, out of print (75%) – 0.5 million in copyright, in print (5%) Eventual aim: 30 million books Google Books Settlement - CRKN 3 AGM
  • 4. Proposed Google Books Settlement 2005 – US class-action lawsuit against Google – American Publishers Association – American Authors Guild October 28 2008 – proposed settlement announced – Possible outcomes: accept, reject, or court oversight – Changing the agreement is not an option Nov 9 2009 (moved from June 11 09) – Sept 18: US Department of Justice advises Court not to accept settlement but to encourage further discussion – Sept 24: Court accepts motion to delay final hearing; will hold status conference on Nov 9 instead – a modified agreement to be presented. Google Books Settlement - CRKN 4 AGM
  • 5. Google Books Settlement outline Covers online access in the US for books only: – published before January 5 2009 – covered by Berne copyright convention (164 countries) – “Could” cover books published after above date Google pays $125 million – $34.5 million to establish Book Registry – $45 million to rights holders for books scanned prior to May 2009 ($60 per title) – $45.5 million for legal fees Split of future revenues: – 63% to copyright holders – 37% to Google Google Books Settlement - CRKN 5 AGM
  • 6. Google Books Settlement – products Display uses (saleable products): – Access, preview, snippets, book records Non display uses (free and research products): – Display of metadata only; full-text and geographic indexing without display of text; analytical research across corpus; and Google R&D Inclusion: – In print books: need to opt-in to display uses – Out of print books: need to opt-out of display uses – In print = commercially available in USA and Europe Products: – Individuals: sale of perpetual access per title via Google server – Institutions: sale of annual access to ISD Google Books Settlement - CRKN 6 AGM
  • 7. Book Rights Registry Non-profit independent agency representing plaintiff interests to: – Manage rights database: copyright status, contact information, rights information – Negotiates terms and prices of online book uses on behalf of rights holders – Distribute share of revenue to rights holders, based on formula in agreement – The Registry does not have to be made public. Google Books Settlement - CRKN 7 AGM
  • 8. The ‘Research Corpus’ Represents all Google books except in-copyright works whose rights holders have removed their works Hosted at Google, up to two other mirror sites ‘Non-consumptive’ research: – linguistic analysis, automated translation, book relationships, index/search techniques  If qualified users want to search the Research Corpus for ‘non consumptive’ research, e.g. textual or linguistic analysis, their research agenda needs to be approved by the host institution  “Research Agenda” means a document that describes a research project in sufficient detail to demonstrate that it will be Non-Consumptive Research” (p. 17 of Settlement)  Host institution is responsible. What will the criteria be?  This will certainly conflict with academic freedom…fundamental values will be at play Google Books Settlement - CRKN 8 AGM
  • 9. What has the reaction been? Positive: – Enormous corpus representing our cultural heritage that is available to wide audience – Lack of ‘Orphan works’ legislation in US Congress is bypassed. NB- orphan works are those for which the rights holder is unknown or un-locatable. Concerns: – A de facto monopoly & copyright issues – Pricing – Intellectual freedom & Equity of access – Privacy – Long-term security of data Google Books Settlement - CRKN 9 AGM
  • 10. Copyright and monopoly challenges Raises public policy issues regarding the delicate balance between public and private good; how does it reflect upon the nature of copyright in a digital world? The interests of one group (known rights holders) are pitted against another (absent rights holders or orphans) in relation to revenue sharing and pricing. Can a class-action settlement provide equity for economic rights and address the public good? Compulsory licensing via class action settlement is supplanting copyright legislation as the driver for reproducing and disseminating in-copyright books (in a commercial model) to our collective cultural heritage – enormous risk for the stewardship role of libraries. What if Google’s business model completely changes in twenty years? Google Books Settlement - CRKN 10 AGM
  • 11. Copyright and monopoly challenges (2) The Registry will not be available to the public - a key tool is being developed privately The board of the Registry will have no librarian or reader representation… this is very problematic for a balanced approach to copyright, access, and pricing. Will have a damper effect on Open Access and Creative Commons licensing – an ‘institutional bias’ (Samuelson) against it. How will this affect the long- term plans of the Open Content Alliance, for example No other provider can be offered license terms better than Google’s for ten years – creates a virtual monopoly and enormous lead time advantage. Google has exclusive right to digitize the orphan works. Google Books Settlement - CRKN 11 AGM
  • 12. Pricing concerns Pricing to be determined by: the pricing of similar products & services; the scope of books available; the quality of the scan; and features offered via the subscription The settlement refers to two broad goals: 1)Market realization of revenues for rights holders, and 2) Broad access by the public including institutions of higher education …to be based on “comparable products and services”. But which ones?. Could lead to a widening of the digital divide between wealthier and poorer libraries. Lack of balance in these two objectives is a key reason for postponement. Google Books Settlement - CRKN 12 AGM
  • 13. Intellectual Freedom and Equity of Access Google can exclude a book for editorial reasons: on what basis? Pressure from governments or powerful interest groups could have an important impact, e.g. Google saving itself from embarrassment or bad PR by suppressing a controversial book The Settlement requires Google to provide public access and the ISD for only 85% of the in-copyright, not commercially available books (potentially 1M books) Censorship & freedom of expression – another conflict with library values Works within works might be excluded, depending on rights holder exercising his rights independently, eg an essay, a poem, a chart or a table The Settlement doesn’t include pictorial works, eg photographs and illustrations will be blacked out. Google Books Settlement - CRKN 13 AGM
  • 14. Privacy concerns Google has an unprecedented opportunity to monitor and track user reading habits, eg when a user prints out pages from a book in the ISD, there will be a visible watermark displaying encrypted session information “which could be used to identify the authorized user that printed the material or the access point from which the material was printed” (art 4.1) “For purchases of online e-book access or access via institutional subscriptions, Google will have the technical ability to track every page that one views, even recording how long is spent on a page.” (Alan Inouye, ALA) For which purposes will Google collect data? What are the safeguards against misuse of data? Google Books Settlement - CRKN 14 AGM
  • 15. Questions Google is becoming a digital library of mammoth proportions - the purpose of our libraries and in particular our collections will be questioned. How do we partner with Google to take advantage of this dizzying opportunity for ‘’ breathing new commercial life into millions of long forgotten, commercially unavailable works” Can library values be respected in a modified settlement? Can a modified settlement allow Google, publishers, and authors to find compromise between private and public interests? Will it lead to ‘copyright peace’? (Department of Justice filing) How does it impact or challenge the ways in which students, researchers and others access culture, and enhance, collaborate, and produce new cultural works for education and scholarship? We need to monitor developments closely, and engage in vigorous, balanced advocacy with our stakeholders, and show support for US libraries & organizations that are raising serious concerns Google Books Settlement - CRKN 15 AGM
  • 16. Conclusion • The Google Books Settlement offers much opportunity but many challenges - we need to monitor developments closely, engage in vigorous, balanced advocacy with our stakeholders, and show support for US libraries & organizations that have made their submissions (filings available in the Public Index) Google Books Settlement - CRKN 16 AGM