Member Alert
| Google Book Settlement Update |
|
Amended Google Book Settlement Filed In U.S. District Court In 2004, Google entered into agreements to digitize books and other writings in the collections of some of the most prominent libraries in the United States. In response, the Authors Guild and the Association of American Publishers filed a copyright infringement class action lawsuit against Google. The parties to the class action lawsuit agreed to settle the case in October 2008. The $125 million agreement was heavily criticized by many of the more than 400 submissions that U.S. District Judge Denny Chin received prior to a fairness hearing originally scheduled for October 7, 2009. Additionally, the Justice Department stated that the deal 'raises significant legal concerns' and is probably a violation of federal antitrust law. Given the criticism, the parties sought time to renegotiate the settlement agreement. The parties filed an amended settlement on Friday, November 13, 2009, seeking preliminary approval by the Court. The parties also proposed a schedule for an additional notice and opt out period so that potential class members can consider the amended settlement. NMPA will circulate the new schedule when it is set. As NMPA previously noted, the original settlement implicated songwriters and music publishers' works since the definitions of 'Book' and 'Insert' included certain music and lyrics. The amended settlement notably contains revised definitions of Book and Insert with regard to 'music notation,' defined by the parties as 'notes on a staff or tablature.' The amended Book definition now includes works with musical notation in which no more than 20 percent (rather than 35 percent in the original settlement) of the pages of text contain more than 20 percent (rather than the 50 percent in the original settlement) musical notation, with or without lyrics interspersed. To be clear, this percentage limitation does not apply to song lyrics standing alone with no music notation, which still appear to fall within the definition of Book. The amended Insert definition now excludes musical notation but still includes song lyrics. NMPA encourages its members to review the amended settlement agreement and accompanying supplemental notice describing the amendments to the original settlement agreement, which can be found at www.googlebooksettlement.com. We will continue to update members as more information becomes available. ++The information contained in this Member Alert does not constitute legal advice. About the NMPA Founded in 1917, the National Music Publishers' Association (NMPA) is a trade association representing American music publishers. The NMPA's mandate is to protect and advance the interests of music publishers and their songwriter partners in matters relating to the domestic and global protection of music copyrights. # # # |
