Member Alert


December Google Book Settlement Update
On Friday, November 13, 2009, Google, the Authors Guild and the Association of American Publishers filed an amended settlement seeking preliminary approval by the Court. 
 
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. 
 
On November 19, 2009, the court approved the Amended Settlement Agreement.  All opt-outs, opt-ins and objections are due January 28, 2010.  Attorneys must file a Notice of Intent to appear at the final hearing by February 4, 2010.  The final settlement fairness hearing will be held on February 18, 2010, at 10 a.m., Courtroom 11A of U.S. District Court, Southern District of New York.  Supplemental notices will be sent beginning December 14, 2009.
 
NMPA encourages 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 keep you updated through Member Alerts and through our website www.nmpa.org. 

 
++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. 
 
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