Member Alert


GOOGLE BOOK SETTLEMENT REMINDER
Google has entered into a class action settlement with the Authors Guild and the American Association of Publishers regarding Google's project to digitize millions of books and other writings in order to create an electronic database.  The class action settlement, if approved, will bind a Class consisting of all persons who have a U.S. copyright interest in a Book or Insert (as defined in the agreement), whether currently in print or not, prior to January 5, 2009.  

Although the settlement specifically excludes 'Sheet music and other works that are used primarily for the playing of music,' songwriters and music publishers' works will be implicated  since the definitions of 'Book' and 'Insert' include certain bootstrapping references to and definitions of music and lyrics.  

The deadline to opt out or object to the Google Settlement is this Friday, September 4, 2009. Additionally, the court has scheduled a Fairness Hearing on October 7, 2009.  Note that the Department of Justice has launched an antitrust investigation into the Settlement as well.

YOUR OPTIONS:

Opt Out
You can opt out of the settlement.  You must do this by September 4, 2009.  You must either completely opt out of the settlement or accept the terms of the settlement with respect to all your books and inserts.  You cannot opt out on a work-by-work basis.  If you opt out of the settlement, you will not be bound by its terms or receive its benefits, but you will have the right to sue Google and the libraries involved for digitizing your work, to participate in the Google Partner Program (described in the settlement), or to choose not to take any further action.  You may be able to contact Google or the Book Rights Registry at a later date to negotiate a separate deal for inclusion of your books in any of the programs offered under the settlement.  Note that simply opting out of the settlement does not obligate Google to remove your work form the electronic database or exclude it from any uses.  

Participate
If you do not opt out of the settlement, you will automatically be agreeing to the settlement and will give up your right to sue Google or the participating libraries to conduct relating to Google's digitization of your books and/or inserts in connection with the Google Library Project.  If you own a copyright interest in an insert and do not opt out of the settlement, you give up your right to prevent Google from using the insert for Non-Display uses, as defined in the settlement.  If you accept the settlement, you can be compensated with a one-time payment (at least $60 per book, $15 per insert, and $5 per partial insert split among copyright-interest holders) if your book or insert was digitized without your permission on or before May 5, 2009.  You can be compensated on a going-forward basis for allowing Google to use your work in an electronic subscription database of digitized books, online sales of electronic copies of your book, and sales of advertising on a web page devoted to a single book.  

If you choose to participate in the settlement, you have the following options:

·        You can choose not to take any further action.  If you do not claim your books and/or inserts by submitting a completed Claim Form, you will not receive any payment for digitization of your books and/or inserts without your permission or for future uses of your books and/or inserts.
·        You can register to receive payment from Google for digitization on or before May 5, 2009 of your work without your permission by submitting a completed Claim Form by January 5, 2010.
·        You can exclude or include your books in various Display Uses.
·        You can exclude or include your inserts in all Display Uses.
·        You can register to receive future revenue generated by Google using your work.
·        You can have your book removed and request that the book be excluded from all uses by Google.  You must do this by April 5, 2011.
·        You can have your book removed from the Research Corpus if it is still in print.

The proposed settlement agreement is a complex document, and we encourage you to make use of additional resources concerning questions you may have.  The Google Book Settlement website includes the complete proposed settlement, Frequently Asked Questions, and the Notice of Class Action Settlement, among other resources.    For more information, go to www.googlebooksettlement.com.  

NMPA is following the settlement very closely and will let you know of any developments.  

++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.




# # #