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    Google, Publishers Reach Digital Library Settlement

    Published on 5 October 2012 @ 1:59 am

    Intellectual Property Watch

    The Association of American Publishers (AAP) and Google Inc. have reached a settlement in a seven-year copyright dispute involving the Google Library Project, allowing the inclusion of copyrighted digital works.

    The case is separate from a legal dispute involving the Authors Guild, according to the two sides.

    Under the settlement, announced in a joint press release, Google will allow users to browse up to 20 percent of a book’s content, and then enable them to purchase digital copies through Google Play.

    “Under the agreement, books scanned by Google in the Library Project can now be included by publishers,” the release said.

    The agreement settles a copyright infringement lawsuit filed against Google on 19 October 2005 by five AAP member publishers, it said. “As the settlement is between the parties to the litigation, the court is not required to approve its terms.”

    The rest of the terms of the agreement are confidential, the parties said.

    This settlement does not affect Google’s current litigation with the Authors Guild or otherwise address the underlying questions in that suit.

    The publisher plaintiffs are: The McGraw-Hill Companies; Pearson Education and Penguin Group (USA), both part of Pearson; John Wiley & Sons; and Simon & Schuster, part of CBS Corporation.

    “Today’s news not only further establishes the value of copyright, but also points to the importance of working with rightsholders when undertaking mass digitization. Collaboration is key when it comes to copyright,” Michael Healy, Copyright Clearance Center executive director, author and publisher relations and former executive director (designate) at Google’s proposed Book Rights Registry, said in a statement.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

     

     
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