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Posts Tagged ‘Google Book Settlement’

DOJ Weighs in on Amended Google Book Settlement

Tuesday, February 9th, 2010

Posted by Victoria Strauss for Writer Beware

Last September, the US Justice Department urged the courts to reject the Google Book Settlement, citing concerns about class action, copyright, and anti-trust laws. The DOJ's brief put the Settlement's approval process on hold, and forced the parties back to the negotiating table--resulting, in November, in the filing of an Amended Settlement. New deadlines were set for authors and for the filing of objections, and the Fairness Hearing (to determine if the Settlement will stand) was postponed to February 18, 2010. On Thursday, in a statement of interest filed with U.S. District Court Judge Denny Chin in New York, the DOJ indicated that, while it continues to believe that the Settlement could provide a major public good, and acknowledges that the Amended Settlement Agreement includes "substantial" changes, it's still not satisfied. (The filing can be seen here.) The DOJ's strongly-stated concerns fall into the same areas it highlighted in its previous filing. (more...)

Dept. of Justice weighs in on Amended Settlement

Friday, February 5th, 2010

by Michael Capobianco

Things look increasingly grim for the Google Books Settlement. The US Department of Justice echoes many of the problems SFWA raised with our objection (and cites our objection), in addition it raises antitrust concerns and Rule 23 problems. Rule 23 concerns the conditions for creating a class action.

What would result if the parties and the judge followed the DOJ’s recommendations would not look much the current settlement, and would require opt-in, diligent search for orphans, Unclaimed Works Fiduciaries with real power.

Here’s the whole DOJ Statement of Interest as a .pdf

SFWA’s formal objection, as .pdf

The 28th was the last day to opt out of the Google Book Settlement

Thursday, January 28th, 2010

The 28th was the last day to decide if you wanted to opt out of the Google Book Settlement.  If you did nothing, by the terms of the settlement, you are automatically “opted” in.

Here are some links we hope might help.

Video of the NYC Google Book Settlement Workshop

Tuesday, January 26th, 2010

The New York Chapter of the Internet Society is recorded video of the NYC Google Book Settlement Workshop. You may watch the two hour and fifteen minute workshop there or here.

With NWU President Larry Goldbetter moderating, the panel was

with additional input from:

Remember: January 28, 2010 is the last day to make a decision about opting in or out of the settlement.

Authors Guild offers phone seminars on Google Book Settlement

Saturday, January 23rd, 2010

The Authors Guild is offering telephone seminars next week to help authors and agents who have questions about the Google Book Settlement. Remember the deadline to make a decision is January 28th.

For those still seeking more information about the Google Book Settlement, we’ll be hosting five phone-in seminars next week. These are open to all authors and agents. The seminars are free, except for your usual long-distance phone charges. We’ve expanded the capacity to accommodate many more people. We encourage you to forward this on to other authors and groups of authors.

Each seminar will provide a short, clear explanation of the settlement and will answer all questions from participants. Each seminar will last about an hour. The seminars will be conducted by Paul Aiken, Jan Constantine, and Anita Fore, the Guild’s Executive Director, General Counsel, and Director of Legal Services.

Here are the dates and times, click on a link to sign up:

Monday, January 25, 2010 at 10:00 AM Eastern Std Time

Monday, January 25, 2010 at 3:00 PM Eastern Std Time

Tuesday, January 26, 2010 at 10:00 AM Eastern Std Time

Tuesday, January 26, 2010 at 3:00 PM Eastern Std Time

Wednesday, January 27, 2010 at 10:00 AM Eastern Std Time

When a seminar is full, it will be removed from the list of options on the online registration form.

Another Google Book Search Settlement Deadline

Friday, January 22nd, 2010

Posted by Victoria Strauss

Writers: Another Google Book Settlement deadline is fast approaching. Per the amended Settlement agreement, January 28, 2010 is the last date you can opt out of the Settlement, or opt back in if you previously opted out and have since changed your mind.

(Note: The Settlement covers only US copyright holders published on or before January 5, 2009, and only books or inserts published in the US, Canada, UK, and Australia.)

Here’s the deal:

- If you want to opt out of the amended Settlement, you can fill out this online form. Opting out means you will not be included in the Settlement and will receive none of its benefits (including cash payment for any books or inserts of yours that Google may have digitized without permission), but will retain your right to sue Google for copyright infringement and other claims related to the Settlement. Google is currently “voluntarily” promising to remove the works of opt-outers from its database, though there’s nothing in the Settlement language to hold it to that. (more…)

Webcast: Google Book Settlement Workshop – 1/20/2010

Friday, January 22nd, 2010

On Jan 20, the American Society of Journalists and Authors (ASJA) , the National Writers Union (NWU),  Science Fiction and Fantasy Writers of America (SFWA) and the Internet Society’s New York Chapter (ISOC-NY) jointly sponsored a workshop to discuss the implications for writers of the proposed Google Books Settlement (GBS).

With NWU President Larry Goldbetter moderating, the panel was

with additional input from:

Special thanks to NWU for hosting, ASJA for handling registration, and Joly MacFie of ISOC-NY for recording the event.

Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser.

Transcript available for online Google Book Settlement panel

Thursday, January 21st, 2010

Today, Science Fiction & Fantasy Writers of America, Inc., hosted an online panel discussion regarding the proposed settlement between Google, Inc. and the Authors Guild, Inc., and other class action plantiffs.

The text-based panel ran for 90 minutes on the SFWA discussion forums, creating an instant transcript for writers who could not make the opening discussion. After the first 30 minutes of discussion, the floor opened for questions from the audience.

Full details about the panel

Updated to add: The panel has wrapped up, but you can read a transcript of it.

We also have a pdf of the online panel discussion as well.

SFWA Hosting Online Panel Discussion on Google Book Settlement

Monday, January 18th, 2010

CHESTERTOWN, Md. – Science Fiction & Fantasy Writers of America, Inc., will host an online panel discussion regarding the proposed settlement between Google, Inc. and the Authors Guild, Inc., and other class action plantiffs.

The text-based panel will be held at 11 a.m. (EST) Jan. 21 and will run for 90 minutes on the SFWA discussion forums. The text will create an instant transcript for writers who cannot make the opening discussion. After the first 30 minutes of discussion, the floor will open for questions from the audience. The online discussion is open to the public, although anyone wishing to ask questions must register at the website. Visit the SFWA discussion forums at http://www.sfwa.org/online-google-settlement-panel/ to watch the panel and to register.

Panelists include Paul Aiken, Lou Anders, Michael Capobianco, Charles Stross and Lynne M. Thomas. SFWA Secretary Mary Robinette Kowal will moderate.

The purpose of the panel is to explain what the settlement entails, what impact it may have on the future of books, publishing and copyright, and dispel any lingering confusion regarding the settlement. SFWA hopes to help people make informed decisions while recognizing that every writer will approach that choice from a different point of view.

About the panelists

Paul Aiken is a graduate of Cornell Law School and has served as the executive director of the Author’s Guild since 1993.

Lou Anders is editorial director of Pyr, an Imprint of Prometheus Books. A multiple Hugo, Philip K.Dick, Chesley and World Fantasy Award nominee, Anders has served as the executive editor of Bookface.com and worked as the Los Angeles liaison for Titan Publishing Group. He has published more than 500 articles in such magazines as The Believer, Publishers Weekly, Dreamwatch and DeathRay.

Michael Capobianco served as president of SFWA from 1996-1998 and 2007-2008. He received the Service to SFWA Award in 2004 and is currently on SFWA’s Board of Advisors. He has authored one science fiction novel, Burster, and co-authored four others.

Charles Stross is a British-born author of science fiction, fantasy and horror. His work has earned multiple nominations for an array of awards, and he won the Hugo Award in 2005 for his novelette “The Concrete Jungle.” A former computer programmer, Stross maintains an interest in online and technology issues.

Lynne M. Thomas is the head of Rare Books and Special Collections at Northern Illinois University in DeKalb, Ill., where she is responsible for popular culture special collections that the papers of science fiction authors Robert Asprin, Tamora Pierce, E.E. Knight, Kage Baker and Jack McDevitt, as well as a significant collections of dime novels and popular historical children’s literature. She is the co-author of Special Collections 2.0, a book about web 2.0 technologies and special collections in libraries.

About SFWA

Founded in 1965 by the late Damon Knight, Science Fiction and Fantasy Writers of America brings together some of the most successful and daring writers of speculative fiction throughout the world.

Since its inception, SFWA® has grown in numbers and influence until it is now widely recognized as one of the most effective non-profit writers’ organizations in existence, boasting a membership of approximately 1,500 science fiction and fantasy writers as well as artists, editors and allied professionals. Each year the organization presents the prestigious Nebula Awards® for the year’s best literary and dramatic works of speculative fiction.

From the Authors Guild: Simplified Method for Claiming Works for Google Book Search Settlement

Wednesday, January 13th, 2010

Posted by Victoria Strauss for Writer Beware

The following message was sent to Authors Guild members this week. If you’ve chosen not to opt out of the Settlement and haven’t yet claimed your works on the Settlement website, this should make things a bit easier.

—————————-

Claiming a lengthy list of your books, short stories, essays, poems and articles for Google settlement benefits just got much easier. You can now start the process by simply submitting your bibliography to the claims administrator. You need only e-mail — or send by regular mail — a list of your books and shorter literary works (poems, short stories, articles) that may appear in books covered by the settlement. When in doubt, we suggest you submit everything.

Although the author’s name and the title of the work is enough to get the ball rolling, it’s helpful to include this additional information you can find in or on your books: ISBN, publisher, place and year of publication.

E-mail your bibliography to BookSettlement@RustConsulting.com. Feel free to send it as an attachment or paste it into the body of the e-mail itself.

If you prefer to submit your bibliography by regular mail, send it to:

Settlement Administrator
c/o Rust Consulting, Inc.
PO Box 9364
Minneapolis, MN 55440-9364
USA

You may still file your claim through the regular claiming process, which our members with short lists of works have generally found easy to use. To do so, or to learn more about this simplified procedure, go to www.googlebooksettlement.com.

IMPORTANT NOTE: The Settlement Administrator will contact you to complete your claim, but it may be several months before that happens. You will be contacted before any of your works are displayed pursuant to the settlement, and you will have ample opportunity to instruct Google regarding which of your works you’d like displayed. (Remember that this is really about out-of-print books. None of your in-print books will be displayed under the settlement without your approval.)