Changes to Google Settlement Affect NZ Authors

News Release
For immediate release
17 November 2009

Major Changes to Google Settlement Affect New Zealand Authors & Publishers

New Zealand authors and publishers can now sue Google Book Search for digitising their works under a just-reached revised settlement agreement.

Objections raised by rightsholders (authors and publishers) in a number of countries including New Zealand have led to the new agreement filed last Friday. It affects all local authors whose works have been scanned by Google.

The changes restrict the books made available under the Google Book Search to those published in the United States, Britain, Australia and Canada. To be eligible to participate in the Amended Settlement, books need to have been published and registered with the US Copyright Office or published in Canada, the UK or Australia prior to 5 January 2009.

The revised settlement agreement requires Court approval to proceed.

Kathy Moore, CEO of Copyright Licensing Ltd welcomes the revised settlement agreement and says that it reinforces the exclusive rights of copyright owners to authorise use of their works.

‘Although some New Zealand publishers and authors were happy to be part of the Google Book Search, the revised agreement ensures that the right to digitise and provide access to a copyright work remains firmly with the creator. It also leaves it open for New Zealand authors and publishers to commercialise and exploit works that may no longer be available in print form by digitising them and making them available online.’

New Zealand rightsholders can visit http://books.google.com/books-partner-options to learn about Google’s current policies with respect to the removal of works from its database. This page will be updated with further information on options available to former settlement class members once the Court has set up a schedule for the Amended Settlement Agreement.

Other changes to the settlement include amendments to the definition of “commercially available” works, representation of Canadian, UK and Australian rightsholders on the Board of the Book Rights Registry to be established to administer the rights and inclusion of a fiduciary representative for orphaned works.

As a copyright collective representing publishers and authors in New Zealand, CLL is currently working towards providing an appropriate mechanism to digitise and make NZ works available through New Zealand libraries and other channels.

ENDS

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