Google Settlement Opt-Out Deadline Sept 4 2009

If you choose to opt out of the Google Settlement, the deadline is  ***September 4th 2009***.

(please note the correction of date – the deadline is Sept 4th NOT Sept 5th as originally indicated. The original post was incorrect).

If you would like more information about the Google Settlement here are a couple of links:

The Writer’s Union of Canada’s question and answer document: Questions and answers (#1) on the Google Book Settlement (PDF)

The Writer’s Union of Canada’s question and answer document: Questions and answers (#2) on the Google Book Settlement (PDF)

Access Copyright article “Why The Google Settlement Matters To You” (PDF)
or search “Google Settlement” on Access Copyright’s website.

***

UPDATE: I’ve included another link to the first set of questions and answers on The Writer’s Union of Canada’s website (see Questions and answers (#1) on the Google Book Settlement (PDF) listed above).

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6 Responses to Google Settlement Opt-Out Deadline Sept 4 2009

  1. This has been compiled by Kim Goldberg and Katherine Gordon who are friend who are writers – Katherine used to work as a lawyer- just thought I would pass it along so people can analyze the situation for their books
    Writers’ Organizations Around the World Oppose Google Books Settlement
    Share
    Came to me Yesterday at 1:02pm
    Are you an author anywhere in the world? You have until September 4 (2009) to opt out of the Google Books Settlement or you and your books will be caught in it forever, whether or not you agree to (or even know about) the settlement and its terms. Follow this link to opt out online:

    http://www.googlebooksettlement.com/r/enter_opt_out

    A growing number of writers’ organizations around the world have unequivocally condemned the Google Books Settlement. Here is a partial list:

    • New Zealand Society of Authors: “If New Zealand’s laws and international treaties are not to be over-ridden by the arbitrary and oppressive conduct of private interests beyond our shores, the government must do everything in its power to ensure that the intellectual property of New Zealanders cannot be used by Google or anyone else without the explicit consent of the copyright holders.”

    • Australian Society of Authors: “With its access to 100% of orphaned books Google blocks all other companies from obtaining an equivalent license, opening the possibility, as Harvard Professor Robert Darnton puts it, of raising the price of access to ‘unbearable levels’. We do not accept that the goal spelled out in the agreement to reach as many customers as possible is an adequate safeguard against unbearably high prices particularly since the agreement will be imposed throughout the world, for as long as publishing and the world lasts, by managers and owners who, far from being parties to the agreement, or aware of it, are not yet born.”

    • The National Writers’ Union (USA)

    • European Booksellers Federation

    • American Society of Journalists and Authors (ASJA)

    • Society of Media Photographers

    • The Open Book Alliance: coalition of non-profit groups, individuals and library associations. Amazon, Microsoft and Yahoo are supporting this coalition. To quote their lawyer: “This deal has enormous, far-reaching anticompetitive consequences that people are just beginning to wake up to.” Members of the alliance are beginning to file separately with the court.

    • The Science Fiction and Fantasy Writers’ Association: “SFWA believes that the proposed Google Book settlement is fundamentally flawed and should be rejected by the court.”

    • The William Morris Endeavor Agency, which represents hundreds of high-profile authors, has advised them to opt out. “Now they’ve got this license to sell your books at a pre-negotiated one-time royalty that you’re stuck with unless a court changes the settlement,”

    • The German government has hired an American law firm (Sheppard Mullin Richter & Hampton) to submit a friend-of-the-court brief, opposing Google. About 2700 people, including German authors Gunter Grass and Daniel Kehlman, have signed a petition asking the government to help scuttle the settlement.

    • Samuelson Law Clinic at the Berkeley School of Law and Technology is filing an objection on behalf of a group of authors.

    • The copyright agencies (analogous to Access Copyright) of Germany, Austria, Switzerland, and Spain, have advised authors to opt out.

    In addition, individual writers or their heirs have also formally protested:

    • Gillian Spraggs, an English poet, translator, and historian: “The lack of representation of non-US rights-holders is troubling for many reasons. US and foreign authors and publishers cannot be said to have identical interests in the management of the Registry and the proposed operation of the book service.”

    • John Steinbeck’s heir, Gail Steinbeck states: “It would be a shame to have to go back to Congress and/or the courts in a few years to ask them to split up a monopoly, when we have the chance to stop it in its tracks right now.”

    • Christopher Buckley (William F.’s son, and a conservative author) has opted out, saying: “Whenever I hear capitalism proclaiming noble motives, something makes me check my wallet.”
    • Scott E. Gant, a lawyer-author and member of Washington law firm Boies Schiller & Flexner has filed a “sweeping objection” to the settlement: “… this proposed settlement is so flawed that the class members are truly better off with no settlement at all.”
    Scott Gant’s submission to the court:http: //graphics8.nytimes.com/packages/pdf/technology/Gant_Objection.pdf

    • Joseph Hall (of Kellog, Huber, Hansen, Todd, Evans & Figel) filed an objection on behalf of a list of “putative plaintiff’s class members” including: Elliot Abrams, Charlotte Allen, Phyllis Ammons, Richard Armey, Jacques Barzun, Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Jack Beerman, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez-Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David D. Friedman, David Gelernter, Gabrielle Glaser, Mary Ann Glendon, Victor Davis Hanson, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Richard Howard, Ishmael Jones, Donald Kagan, David Kuo, Michael Ledeen, Susan Lee, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Michael Perry, Norman Podhoretz, Diane Ravitch, Ralph Reed, Harriet Rubin, Sarah Ruden, Peter Schweizer, Roger Simon, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Paco Underhill, Ruth Wisse, Elizabeth Wurtzel, John Yoo, Harold Bloom

    Useful links:
    All submissions to the Fairness Hearing can be found at Justia.com, and the Australian Society of Authors is #102:
    http://docs.justia.com/cases/federal/district-courts/new-york/nysdce/1:2005cv08136/273913/102
    http://www.wired.com/epicenter/2009/08/national-writers-union-opposes-google-book-settlement/
    http://www.asja.org/

    Updated on Saturday • Comment • LikeUnlike • Report Note

    This came to me from Mona Fertig
    and
    Kim Goldberg

    Yesterday at 1:31pm

    Della Burford
    Share with authors everywhere!
    Yesterday at 1:36pm • Delete

    Katherine Gordon
    Notes|Notes About

    • Martha Keys says:

      The Settlement has not yet been decided and already Google has sole what they gained “access” from the Libraries. They have not even signed the Settlement yet they have already completed a contract agreement with Barnes & Noble,delivered all of the Books to Barnes & Noble who have now gone out and singed and delivered a new deal with Apple and Apple’s users for use on Blackberry, Mac & PC.

      • People with orphaned book must be really cautious because unless they opt out in their name these can be digitized and offered free on the web – copyright and heirs will be out of luck. Ive been advised in opting out to send a registered letter and was given a sample by a former lawyer/writer if anyone needs it.

  2. Pingback: Correction on Google Settlement Opt-Out Date « The CWILL BC blog

  3. I thought some of the writers might find this blog entry interesting re Opt Pur on googld that was sent to me this morning from Mona Fertig http://blog.sarahsheard.com/2009/09/opt-out-press-release/

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