Last year Google signed a deal with the US Authors Guild and the
Association of American Publishers under which it would pay $125
million for the right to scan millions of copyrighted books and
make them available to the public. Authors could then register and
receive income for books which were used or read by the public.
Google would earn a share in the profits generated by sales of
books.
Concerns have been raised over Google's rights over orphan
works. These are works that are still in copyright but whose
authors are unknown or cannot be found. The DOJ's concern is
reported to be centred on whether or not the deal gives Google
monopoly-like powers over orphan works.
The deal stems from a class action lawsuit brought by the
Authors Guild and the Association of American Publishers over the
alleged copyright infringement involved in Google's book-scanning.
The deal settled that suit.
Meanwhile, a US court overseeing that settlement has allowed
authors and opponents more time to lodge objections to or opt out
of the system.
The deadline for objections to the deal or for authors to opt
out of it on behalf of their works was to be 5th May, but a New
York court has extended that by four months. Authors and those
running their estates had asked for more time to evaluate the
system before deciding whether or not to opt out of or oppose
it.
The deal allows Google to scan books by default under the 'fair
use' provisions of US copyright law. It said in October when
announcing the deal that commercially available books would not be
displayed in the book search unless the author had opted in to the
system.
Google said at the time that out of print books would
automatically be displayed, but that rights-holders could demand
that the book not be displayed.
Google will sell institutional subscriptions to the service to
universities and other organisations, as well as making individual
book sales to consumers. It will keep 37% of the revenue generated,
it said. Up to 20% of works will be viewable for free, but a fee
will need to be paid for whole books.
The Internet Archive also digitises books. Peter Brantley of the
Archive told Reuters that the DOJ had talked to him about the
Google deal.
"There are legitimate antitrust issues related to Google's
ability to solely commercialise this content," Brantley told
Reuters. "We would like the court to say 'this is fine
theoretically, but these orphan books, they don't have anyone to
speak for them, so let's take them out of the agreement'."
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