The settlement stipulates that a body known as the Books Rights Registry will represent the interests of US copyright holders. Authors and publishers with a copyright interest in a book scanned by Google who make themselves known to the registry will be entitled to receive a payment - in the region of $60 per book - as compensation.
Additionally, the settlement hands Google the power - but only with the agreement of individual rights holders - to exploit its database of out-of-print books. It can include them in subscription deals sold to libraries or sell them individually under a consumer licence. ⑦It is these commercial provisions that are proving the settlements most controversial aspect.
Critics point out that, by giving Google the right to commercially exploit its database, the settlement paves the way for a subtle shift in the companys role from provider of information to seller. ⑧Googles business model has always been to provide information for free, and sell advertising on the basis of the traffic this generates, points out James Grimmelmann, associate professor at New York Law School. Now, he says, because of the settlements provisions, Google could become a significant force in bookselling.
⑨Interest in this aspect of the settlement has focused on orphan works, where there is no known copyright holder - these make up an estimated 5% to 10% of the books Google has scanned. Under the settlement, when no rights holders come forward and register their interest in a work, commercial control automatically reverts to Google. Google will be able to display up to 20% of orphan works for free, include them in its subscription deals to libraries and sell them to individual buyers under the consumer licence.
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