Taking Sides in the Google Book Settlement

When this is published, a federal judge will have ruled or postponed the decision on the Google Book Settlement. In any event, it’s clear Google’s intent to create a massive database to provide access to out-of-print books has changed views on what our digital future might look like.

By copying millions of books at major libraries without negotiating rights in advance, Google made this a policy debate that goes well beyond our industry.The list of organizations, corporations, government agencies and individuals who have claimed a stake in the outcome keeps growing, and the issues are complex.Those who’ve supported the proposed settlement include the Author’s Guild, the Association of American Publishers, the American Library Association, the Association of College and Research Libraries, the Conference on Civil Rights, the American Association of People with Disabilities, Sony Corporation, and a group of adult and children’s authors who recently published their names, http://tinyurl.com/yah3t6u, on the Author’s Guild website.The list of those opposed, which grew substantially late in the game with the creation of the Open Book Alliance, includes Microsoft, Amazon, Yahoo, the Science Fiction and Fantasy Writers of America, the National Writer’s Union, the American Society of Journalists and Authors, the Special Libraries Association, the U.S. Copyright Office, the William Morris Agency, several state attorneys general, and even the government of Germany.

Advocates cite the value of broad access to books that are out-of-print or have limited availability – certainly something that’s easy to support. And because this should provide copyright holders who register at www.googlebooksettlement.com opportunity for future use of their books, many look forward to new revenue streams that can evolve from this digital library. Some think it might even raise the profile of some books sufficiently to warrant bringing them back into print.

But there are also concerns. One is that the current situation puts the onus on authors and illustrators to claim and manage books that are in Google’s database to be eligible to receive payments. How will accounting be done and payments issued? Who will set prices? How will this impact illustrators in terms of percentages they’d receive? What constitutes fair payment? What happens when there’s an ownership dispute?

Author’s Guild Executive Director, Paul Aiken, said these have been considered, and some will need to evolve over time. He stressed that “it’s important to realize authors, illustrators and publishers have shared goals to control of rights and revenue.Our objective has been to create a process that allows for the right of reversion and the right to arbitrate.”

And there are broader questions that extend outside our industry. Does this create a monopoly for Google? Has it created new precedent about copyright? What about privacy? Would Google collect data on what people are reading? Would safeguards be put in place to address who has access to information?

In many ways, this can be viewed as found money, which is certainly good. The issues of monopoly and legal concerns have to be decided in court. The questions about privacy are part of a larger discussion raised by our increased ability to track consumer behavior, collect data and utilize information that provides.Articles I read alluded to this as a slippery slope where the devil’s in the details.

The concern is that not acting will have risks of its own. Authors and illustrators should educate themselves on what’s going on and should talk with their publishers and literary agent to ask what they recommend. 11:12/09