Monday, 16 November 2009

Fair Use and the Google Book Settlement

Jonathan Band Google Settlement Slides


Google Book Settlement
The news that the Google Book settlement has been revised as a USA/UK/Canada and Australia play will definitively be a big talking point in the library and publishing world. It is also likely to come up as a topic of conversation/debate at the upcoming  Fair Use session at the NDF in Wellington next week. See end of post for details of this session.

Martin Taylor - New Zealand Publishing Forum
Martin Taylor, one of the panelists at the NDF session has a good summary  of the Google revised deal- and how it affects New Zealand, here .  As part of this post he calls for the New Zealand publishing industry and the cultural/collecting sector to come together to create a platform/repository of New Zealand titles. Seems like a good plan to me. 

The Google Book deal
Trying to figure out the detail of the Google deal can be a challenge. Nothwithstanding its USA focus, I find this page from ALA incredibly useful. As part of their links the cite the embedded slideshow above.

Summary of revised settlement
Again, thanks to Martin Taylor, herewith  a summary of key points from TeleRead 
" The revised Settlement has made a number of important changes:
1. Foreign language works are out: the scope is limited to works registered with the US Copyright Office and books published in Canada, Australia and the U.K. There will be representatives from those countries on the Book Rights Registry board.
2. There will be an independent court-approved fiduciary who will represent rights-holders of unclaimed books and act to protect their interests, including licensing their works.
3. The Books Rights Registry is not required to search for rights-holders who have not come forward.
4. Third parties will be able to sell access to all settlement works, including orphans, even though Google will host the titles.
5. Revenue models have been limited to print on demand, file download and subscriptions.
6. Rights-holders may make their works available for free.
7. The Google’s most favored nation treatment has been eliminated allowing the Registry to license works to third parties without extending the same terms to Google. .."
Other sources
Chris Keal of the NZ NBR has written a useful summary, here. He too quotes Martin Taylor.
And thanks to him for this link to the New York Times, here

NDF - Fair Use Forum
The Fair Use Forum at the NDF details are:

Tuesday 24th Novemember
Time: 11:00 – 12:30 pm
Location: Soundings Theatre, Te Papa
Facilitator: Paul Reynolds, McGovern Online

Participants:
1. Lewis Brown, DigitalNZ
2. Matthew Holloway, Creative Freedom Foundation
3. Ronald Milne, Alexander Turnbull Library
4. Martin Taylor, Digital Publishing Forum
Topic
Balancing competing and complementary rights is at the heart of a fair copyright framework.

At the 2008 NDF conference copyright was a hot topic of discussion. A year has
gone by, and the discussion has not gotten any quieter: in fact, with the outcry over
the proposed amendment to Section 92A of the Copyright Act, the emergence of a
open data movement in New Zealand, and the increased uptake of Creative
Commons licensing, the talk is getting louder.
This forum aims to shift the discussion at this year's conference in the direction of
questions of fair use, and the original intent of copyright law, to stimulate creativity
for the enrichment of the general public..."

See NDF web site - here

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