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SFWA statement on proposed Google book settlement

google_logoAugust 8, 2009

The Science Fiction & Fantasy Writers of America, Inc. (SFWA), in conjunction with outside counsel, has reviewed the terms of the proposed settlement between Google, Inc. and the Authors Guild, Inc., and other class action plantiffs. On April 19, 2009, SFWA’s Board of Directors voted to stay in the claimant group in regard to SFWA-owned copyrights so that SFWA has standing to file a formal objection to the proposed settlement with the court. This decision should in no way be seen as an approval of the proposed settlement, nor construed as advice to either our members or writers with potential claims in general. Put simply, in order to file an objection, SFWA must opt-in as a claimant; should we opt-out, we lose our ability to formally object with the court.

Though it is clear that the proposed Google Book settlement is well-intentioned, the problems are myriad and, in SFWA’s opinion, the terms should be reviewed with extreme care by authors, in particular those authors who write fiction. Some of the particular problems we have identified include:

  • The proposed Google Book Settlement potentially creates a monopoly by granting Google excessive power to control the market for out-of-print books that are offered to the general public.

  • The “opt-out” mechanism proposed for the settlement contradicts the very foundation of copyright.

  • The financial impact on authors could be significant because the settlement would effectively thwart any third-party system from competing with Google and offering alternatives to authors of out-of-print works.

  • The terminology of the Google Book settlement makes no distinction, nor does it provide a mechanism for discovering the difference, between works deemed out-of-print and works in the public domain.

  • The class does not reflect the interested parties, primarily the holders of copyrights in “orphan works” where the rightsholder(s) cannot be identified or found.

  • The Authors Guild and the Association of American Publishers are poor representatives of the class as neither represents the types of work perhaps most significantly affected by the settlement, namely scholarly works.

  • The class representatives do not include any authors of adult trade fiction, an obvious issue for SFWA.

  • The class fails to consider fully licensees of works and fails to account for their interests.

  • By settling, Google never fully addressed and litigated the issue of copyright infringement/fair use, which was at the heart of the 2005 lawsuit brought forth by the Authors Guild and the Association of American Publishers. The settlement further obfuscates the issue of how Google’s scans and publication of the snippets should be treated under U.S. copyright law.

Obviously, this is not an exhaustive list, but merely a sampling of some of the problems SFWA believes are inherent in the proposed settlement. SFWA is not advocating a particular course of action nor providing legal advice for individual authors, who should evaluate the proposed Google Book settlement based on their own situation and with the advice and input of their own legal counsel.

For the record, SFWA believes that the proposed Google Book settlement is fundamentally flawed and should be rejected by the court. With this public statement, we advise all authors and other writing organizations (in particular those who hold copyrights) to consult with legal counsel to ensure that they understand the precise meaning of the Google Book settlement, and the impact it may have on their own situation, should the settlement be approved.

For the Board of Directors,

Russell Davis

President

SFWA, Inc.

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This entry was posted on Wednesday, August 12th, 2009 at 10:40 am and is filed under Copyright Education, News, SFWA Blog. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

8 Responses to “SFWA statement on proposed Google book settlement”

  1. Writer’s Meet-up notes 8-13-09 « What Have We Learned? Says:

    August 14th, 2009 at 11:13 am

    [...] and asking about copyright later. Few other writer’s organizations like it, including the Science Fiction Writer’s Association and the National Writer’s [...]

  2. Google Books Settlement. | Robert N. Lee.com Says:

    September 1st, 2009 at 3:03 pm

    [...] Lake’s in no danger of having his writing deemed “orphan” and neither is anybody else in the SFWA, really. Again, anything published after 1976 is copyrighted the moment you put anything to paper. [...]

  3. lunch hour links for writers – 9/2/09 « helluo librorum Says:

    September 2nd, 2009 at 9:28 am

    [...] organizations and individuals have filed objections or issued statements of opposition, including SFWA, the National Writers’ Union, the American Society of Journalists and Authors, and the Open [...]

  4. Opt out of Google Settlement by Sept 4 « Ashley Grayson Literary Agency Blog Says:

    September 2nd, 2009 at 2:50 pm

    [...] already carefully determined that you need to opt in, the prudent course is to opt out. The Science Fiction Writers of America now recommends that members opt out and has a readable summary from the author’s perspective [...]

  5. Open Book Alliance Says:

    September 2nd, 2009 at 4:02 pm

    [...] The SFWA issued a public statement on August 8, which detailed the organization’s myriad concerns with the settlement. It can be read here. [...]

  6. Science Fiction and Fantasy Writers of America Joins Open Book Alliance | Free Press Release Says:

    September 2nd, 2009 at 4:47 pm

    [...] myriad, as we indicated in our public statement issued on August 8th, 2009, which can be read at http://www.sfwa.org/2009/08/sfwa-statement-on-proposed-google-book-settlement, among them: AKPC_IDS += "19850,";Popularity: unranked [...]

  7. File 770 » Blog Archive » SFWA Joins Strange Bedfellows Against Google Settlement Says:

    September 5th, 2009 at 4:30 pm

    [...] Science Fiction Writers of America issued a press release in August listing its objections to the settlement, among [...]

  8. D. Juliano Says:

    September 19th, 2009 at 12:55 pm

    Mass piracy, with no regard to copyright, and its okay because they can pay out? This is a congressional issue, no, it is an issue for all of the human race. The actions and outcomes of this will speak forever to come. This is the face of a radical change and a complete slight of the laws and fundamental principles of civility. We are talking about the keystone of human intellect and knowledge: our books, our sacred writings, our sum of knowledge. The ability for a single company, unregulated by government or the people that created it, to hijack information at this scope is frightening and earthshaking. This should be stopped and thoroughly debated in and out of government, considered with world leaders around the globe, and planned carefully, as it will severely impact the future of the written word, not just economically, but in unforeseen ways that we can not even begin to speculate about.

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