...Still not sure whether to opt in or not. Either option strikes me
as unsatisfactory.
From the US authors' petition:
"The “opt-out” clause in the Settlement is most disturbing:
First, it seems unfair that, by the terms of the class-action
settlement, authors can officially present objections to the Court
only by being “opted in” to the settlement and thereby subjecting
themselves to its terms.
Second, while the “opt-out” clause appears to offer authors an easy
way to defend their copyright, in fact it disguises an assault on
authors’ rights. Google, like any other publisher or entity, should be
required to obtain permission from the owner to purchase or use
copyrighted material, item by item.
There is no justification for reversing that rule by forcing copyright
owners to defend their right against every careless or predatory use
of the material, thus rendering copyright essentially meaningless.
The United States Department of Justice agrees, having declared that
Google should negotiate individually with copyright holders. The
Director of the United States Copyright Office calls the Settlement
“an end-run around copyright law.”
The free and open dissemination of information and of literature, as
it exists in our Public Libraries, can and should exist in the
electronic media. All authors hope for that. But we cannot have free
and open dissemination of information and literature unless the use of
written material continues to be controlled by those who write it or
own legitimate right in it. We urge our government and our courts to
allow no corporation to circumvent copyright law or dictate the terms
of that control"
If you don't have a problem with big corporations making money out of
your work without your having any control over what they do, I guess
what Google is doing isn't a problem. Otherwise, the implication are
worrying.
xA
On Sat, Jan 23, 2010 at 3:46 PM, Alison Croggon <[log in to unmask]> wrote:
> You want that global monopoly, really? I'd rather public libraries did
> the digitisation.
>
> War horse Ursula Le Guin is on the case -
>
> http://www.ursulakleguin.com/UKL_info.html
>
> xA
>
> On Sat, Jan 23, 2010 at 3:12 PM, Halvard Johnson <[log in to unmask]> wrote:
>> I say digitize away, Google.
>>
>> Hal
>>
>> "Publicity is like eating peanuts. Once you start
>> you can't stop."
>> --Andy Warhol
>>
>> Halvard Johnson
>> ================
>> [log in to unmask]
>> http://sites.google.com/site/halvardjohnson/Home
>> http://entropyandme.blogspot.com
>> http://imageswithoutwords.blogspot.com
>> http://www.hamiltonstone.org
>>
>>
>> On Fri, Jan 22, 2010 at 8:18 PM, Alison Croggon <[log in to unmask]> wrote:
>>
>>> A useful overview from Jenny Darling Ltd. Basically, this settlement
>>> affects anybody who has ever published a book in the United States,
>>> Canada, the UK or Australia.
>>>
>>> I'm not sure at all. My instinct is to opt out, out of a deep
>>> suspicion of Googleworld. But I actually don't know what would be
>>> best.
>>>
>>> xA
>>>
>>>
>>> GOOGLE BOOKS: AMENDED SETTLEMENT, 20 January 2010
>>>
>>> Refresher: What is the Google Book Settlement?
>>> In recent years Google has digitized some 7 million books as part of
>>> its Google Book Search project. The American Authors Guild and five
>>> publishers representing all members of the Association of American
>>> Publishers brought actions against Google arguing that Google did not
>>> have the right to digitize and display books that are currently under
>>> copyright. The Settlement we considered and objected to last year was
>>> the outcome of these actions.
>>> Following objections from around the world, the parties came up with
>>> an Amended Settlement, which is still subject to court approval in
>>> February 2010 but is widely expected to be passed.
>>> This document aims to outline the Amended Settlement so that you can
>>> make an informed decision about your participation.
>>>
>>> What is different about the Amended Settlement?
>>> Within the original Settlement, many Australian books were classified
>>> as Out of Print because they were not Commercially Available in the
>>> USA. The Amended Settlement is different. Under its terms ‘a Book is
>>> Commercially Available if it is being offered for sale new by a seller
>>> anywhere in the world to a buyer in the United States, Canada, the UK
>>> or Australia.’
>>>
>>> If I participate in the Settlement, what can Google do?
>>> The Settlement divides uses into Display Uses and Non-Display Uses
>>> (Display uses include selling downloadable ebooks, print on demand
>>> editions, selling subscriptions to libraries; Non-Display Uses refers
>>> basically to a bibliographic catalogue entry for the work; see full
>>> definition at the end of this document). The rights granted under the
>>> Settlement are different for In Print and Out of Print books, as
>>> follows:
>>> In Print Books
>>> The rightsholders must authorize Google to include their book in one
>>> or more Display Use. Google may not make any Display Uses that are not
>>> authorized. If the rightsholders decide to authorise Display Uses, the
>>> Book will be subject to the economic terms provided under the
>>> settlement (that is, the rightsholders receive 63% of revenues).
>>>
>>> Unless the Rightholders remove the Book from the Digital Library,
>>> Google has the right to make Non-Display Uses of an In Print book for
>>> the term of US copyright for that book.
>>>
>>>
>>> Out of Print Books:
>>> Google is allowed to make Display Uses and Non-Display Uses of each
>>> out-of-print Book for the term of copyright for that Book, UNLESS the
>>> Rightsholder of the Book directs Google not to do so.
>>>
>>> If you direct Google not to make any Uses of your book now you can at
>>> a later date change your mind and decide to direct Google to include
>>> Uses of your work.
>>>
>>>
>>>
>>> Weighing it up: Opting In or Opting Out?
>>>
>>> If you Opt In:
>>> • If your books have been digitized already, you will receive a
>>> one-off payment of at least USD$60 as compensation for this.
>>> • You may receive ongoing income from Google’s Display Uses of your
>>> books, if you authorize this.
>>> • Use of In Print works can only be made with your authorization.
>>> • Use of Out of Print works can be made by Google unless you tell
>>> them
>>> otherwise.
>>> • You will retain the right to remove your work from any or all
>>> Display Uses at any time.
>>> • You may ask that Google remove your books completely provided that
>>> you give notice to Google on or before March 9, 2012. After that date,
>>> removal requests will be honoured only if a book has not already been
>>> digitized.
>>> • You may benefit from the exposure of your books on Google.
>>> • You are giving Google permission to digitize your books in the
>>> future and, if they are digitized, to use your books in accordance
>>> with the Amended Settlement.
>>>
>>> If you Opt Out
>>> • Google will have no rights in your work.
>>> • You reserve the right to sue Google, if you opt in you relinquish
>>> this right.
>>>
>>> What to do next
>>>
>>> Opting in:
>>> If you wish to opt in to the Settlement, you have until 31 March 2011
>>> to create an account with Google and claim cash payments for books
>>> already digitized.
>>> Go to http://www.googlebooksettlement.com/
>>> When you create an account and search by author name or title, Google
>>> generates a table showing a list of your books that they have listed
>>> in their database, and whether or not each edition has been digitized
>>> as part of this program. From here you can instruct Google as to which
>>> Uses you authorize in each title.
>>>
>>> Opting out:
>>> This must be done by 28 January 2010.
>>> Go to http://www.googlebooksettlement.com/
>>> Create an account and click on OPT OUT.
>>>
>>>
>>>
>>>
>>> --
>>> Editor, Masthead: http://www.masthead.net.au
>>> Blog: http://theatrenotes.blogspot.com
>>> Home page: http://www.alisoncroggon.com
>>>
>>
>
>
>
> --
> Editor, Masthead: http://www.masthead.net.au
> Blog: http://theatrenotes.blogspot.com
> Home page: http://www.alisoncroggon.com
>
--
Editor, Masthead: http://www.masthead.net.au
Blog: http://theatrenotes.blogspot.com
Home page: http://www.alisoncroggon.com
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