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Meet My Book Publisher, Google

Yesterday something important happened in the world of books: A federal judge ordered an extension of the deadline for authors to choose to participate in the Google book search settlement. The deadline had been May 5; now it's September 4. This is important, because the settlement is very peculiar, and more attention ought to be paid to what is going on. It presents a lot complicated questions that merit more debate. By settling, Google essentially transformed a relatively small lawsuit brought by the Author's Guild into a class-action style settlement that applies to all books. (Or so I understand from this piece.)

The part that is cause for concern has to do with so-called "orphaned books," or books that are out-of-print and whose copyright holders can't be located. In the fine print of the settlement, Google has in effect set up what some feel will be a monopoly on these books (you can read more at this New York Times blog) claiming it has the rights to scan them and put them online. This is one thing: Many writers would want their books to be widely available once they are, say, dead, and can't benefit from royalties. But Google isn't necessarily merely planning to make books more available. The company would establish something called the "Books Rights Registry," initially funded by it, which will, as I understand it, handle request for reprints, and be the recipient of monies derived from sales. All of this may end up being on the plus side for authors, but what is troubling is how far the range of the settlement was expanded, and with very little public knowledge. As Pamela Samuelson, a copyright scholar at Berkeley, put it last Friday:

In the short run, the Google Book Search settlement will unquestionably bring about greater access to books collected by major research libraries over the years. But it is very worrisome that this agreement, which was negotiated in secret by Google and a few lawyers working for the Authors Guild and AAP (who will, by the way, get up to $45.5 million in fees for their work on the settlement—more than all of the authors combined!), will create two complementary monopolies with exclusive rights over a research corpus of this magnitude. Monopolies are prone to engage in many abuses.

The Book Search agreement is not really a settlement of a dispute over whether scanning books to index them is fair use. It is a major restructuring of the book industry’s future without meaningful government oversight. The market for digitized orphan books could be competitive, but will not be if this settlement is approved as is.