Public Policy Connections

DOJ Investigating Google Books Settlement

The U.S. Department of Justice (DOJ) has opened a formal investigation into the settlement between Google and book publishers over digital publishing rights. In a letter sent last week to the federal judge charged with reviewing the settlement, the DOJ said it was reviewing concerns that the agreement could violate the Sherman Antitrust Act.

SLA has been active in discussions with Google about the proposed settlement. At SLA’s 2009 Public Policy Update, Dan Clancy, engineering director, Google Book Search, provided an overview of the scope of the Google Book Search Settlement Agreement and addressed various concerns and questions from audience members.
Read more.

Google Comments on SLA Concerns Voiced Over Book Settlement

As reported in our Public Policy blog on 28 May, Derek Slater, policy analyst with Google, met with staff at SLA headquarters to discuss and address various concerns that have been voiced by SLA members over the Google Book Search Settlement, now pending court approval.

On 2 June, Derek Slater commented on that blog post, providing responses to several topics, including orphan works -- stating that it will remain one of Google's priorities to work to pass effective orphan works legislation.

Read Derek Slater's comments.

SLA Meets with Google Regarding Book Settlement

There has been an ongoing flurry of questions and concerns regarding the Google Book Settlement, a settlement that could expand individuals' and groups' online access to books in both electronic and print. The settlement still must be approved by a U.S. District Court of New York.

The Google settlement could be an amazing step forward, but at what cost—in dollars and liberties? Along with excitement about the good that could arise from the settlement (see Google Book Search Will Expand Access), there are also fears that it could compromise basic library values such as equal access to information, privacy, and intellectual freedom.

Last week, Derek Slater, Policy Analyst with Google, met with staff at SLA headquarters to discuss and address various concerns that have been voiced by SLA members over the settlement (Read settlement explanation). Though we discussed many issues, the conversation focused on four primary areas: institutional subscription pricing, privacy, intellectual freedom, and orphan works.

As a result of the meeting, Google has agreed to have a Dan Clancy, Engineering Director, Google Book Search, join us at the SLA 2009 Annual Conference & INFO-EXPO for SLA’s Public Policy Update. Join us Tuesday, 16 June 2009, 11:30 a.m.-1:00p.m. to hear an overview of the settlement, pose questions you may have, and voice your praises or concerns.

Google Counsel Speaks on Agreement on Book Search

On 30 October in Washington, D.C., Alex Macgillivray, Associate General Council with Google, spoke and answered questions from various groups about the settlement agreement between Google, the Authors Guild, and the Association of American Publishers (AAP) on behalf of a broad class of authors and publishers worldwide regarding Google Book Search. Macgillivray is the principal on the agreement.

The settlement agreement, if approved by a New York District Court (likely in June 2009), will provide more access to out-of-print books, create a new market for authors and publishers, and provide benefits to libraries and universities. As with any settlement agreement, the devil is in the details, and what is not yet established is what the pricing mechanism will be, and other possible access benefits or barriers. There will be much more to come on this in the next several months.

Orphan Works Legislation Dies in the House

After passing in the Senate on 26 September, the Orphan Works bill, which limits remedies in copyright infringement cases involving orphan works, died in the House on 3 October after Congress voted on the financial rescue bill and ajourned.

In June 2008, The Library Copyright Alliance, of which SLA is a member, wrote a letter to Senator Patrick Leahy (D-Vermont), Chairman, Committee on the Judiciary and Senator Orrin Hatch (R-Utah) expressing appreciation for their continued leadership on the bill. The letter proposed amendments to orphan works legislation.

LCA Proposes Amendments to Orphan Works Legislation

The Library Copyright Alliance, of which SLA is a member, wrote a letter to Senator Patrick J. Leahy (D, Vermont), Chairman, Committee on the Judiciary and Senator Orrin Hatch (R, Utah) expressing appreciation for their continued leadership on S. 2913: Shawn Bentley Orphan Works Act of 2008, which limits remedies in copyright infringement cases involving orphan works. The letter proposed amendments to orphan works legislation.
Read letter.

Digital Libraries Initiative: Agreement between Cultural Institutions and Right Holders on Orphan Works

An agreement on copyright was signed in the presence of EU Information Society & Media Commissioner Viviane Reding. The Memorandum of Understanding on orphan works will help cultural institutions to digitize books, films, and music whose authors are unknown, making them available to the public online.

Read news story.

SLA Needs Your Immediate Help: Support Orphan Works Legislation (but oppose “dark archive”)

On 1 May 2008, The Library Copyright Alliance (LCA), of which SLA is a member, wrote a letter to Chairman of the Committee on the Judiciary Senator Patrick Leahy (D-Vermont) and Senator Orin Hatch (R-Utah) expressing appreciation for the introduction of S. 2913, which limits remedies in copyright infringement cases involving orphan works. The letter continues by expressing strong opposition to the notice of use filing (the so-called “dark archive”) proposed in the House version of this legislation, H.R. 5889, as the requirement of such a filing would dramatically limit the utility of the legislation. Read letter.

If you have a representative serving on the U.S House of Representatives “Subcommittee on Courts, the Internet, and Intellectual Property,” please contact them in support of  the proposed Orphan Works Legislation, but in opposition to the "dark archive" that is proposed in the House version of H.R. 5889.

Go to http://capwiz.com/sla/home/ for full details, listing of Subcommittee members, and draft letter for electronic submission. 

Questions? Please contact Doug Newcomb, SLA Policy Chief at dnewcomb@sla.org.

Gratitude Expressed for the Support of Orphan Works

The Library Copyright Alliance delivered letters to U.S.Representatives Howard L. Berman (D, California), Howard Coble (R, North Carolina), and the members of the Subcommittee on Courts, the Internet, and Intellectual Property expressing gratitude to the House Committee on Science and Technology's Subcommittee on Investigations and Oversight for holding a hearing on orphan works.  The letter also expressed gratitude that the Subcommittee has begun its process for considering this issue in this Congress as well as the hope that the protections the legislation is intended to provide users of orphan works are not diluted.

Read letter.