It seems that the settlement has not gone through. However, I would not say 
 it is "compulsory sale of copyright" since I don't think that Google would 
own  the copyright. It is rather more a matter of paying the copyright 
holder for  permission to publish the digitalized version without negotiating 
the price for  that permission. The copyright holder would still hold the 
copyright, and in  fact, receive money from Google. The copyright holder could 
grant permission to  others to publish, or publish themselves. The problem is 
that if Google is  making available a PDF version of the work, that will be 
competing with other  publications of it. The fact that you could be 
inattentive to the need to opt  out, then go to republish your work and find 
that 
Google is already selling  a digitalized version, remitting money to you on 
a formula that you did not  negotiate, is the problem. Your reprint of the 
book probably wouldn't sell well  if it is competing with a digitalized 
version available through Google.
As for the settlement, which has not gone through, it seems to  indicate it 
would apply to all out of print books.
For some authors it might be good because it might provide ongoing  
royalties to people who wrote books, or hold copyright to books, even after  
all 
the copies have been sold. These authors receive no royalties when used book  
sellers resell their books, people read them at the library, or borrow them 
from  friends, or even photocopy them. 
It would be good for people who want to buy a legal copy of an out of print 
 book, knowing the copyright holder will be compensated. It would be good 
for  people who don't live near big research libraries but want to read 
obscure  books. It probably would not be good for people who sell second hand 
books. It  would be good for people who want to share their book widely for 
scholarly  purposes, but don't want to republish it like Alex. It would allow 
publication  of "orphan works" where the rights holder is unknown, or 
unlocatable with  compensation being made to the rights owner if he or she then 
comes forward. It  is hard to know how all the ramifications of it would work 
out. 
I think the judge has sent everyone back to the drawing board now to  
address all the many issues involved.
Meanwhile, there are many public domain books available in full text  on 
the Google book site, and they are somewhat searchable by key word, so that  
it is possible to search Pepys diary and the book by Daniel DeFoe's A Tour 
thro  the whole island of Great Britain for the word "lace".
Devon
PS. It is an administrative nightmare.
 
 
In a message dated 10/5/2009 1:50:18 P.M. Eastern Daylight Time,  
[email protected] writes:


Is  the agreement universal, or are Google only making an agreement with 
the  large publishing houses? If the latter, then self-published books, 
and  those publishers who do not sign up to the agreement, will be exempt 
from  it?

Devon's view suggests a "compulsory purchase" of copyright once a  print 
run has sold out - rather than the purchase of "expired copyrights"  
which was first mentioned. Out of print does not equal expired  
copyright. I think this buyout by Google could apply to books where the  
copyright has been sold to a publisher (who is willing to sell it on),  
or books for which the author's content is out of copyright but the  
publisher is still in business and willing to sell on their rights to  
the layout, etc. I would also have thought that the agreement would not  
apply to those books which have already been republished - for example,  
Mrs Treadwin's book of which Lacet Publications published a facsimile  
several years ago - the original book is now out of copyright, and so a  
copy *of the original* could be made, but the facsimile version is still  
subject to copyright. I thought the Arizona CDs were copyrighted in  
their CD form, even though the content is either out of copyright or  
used with permission.

Can you imagine the administrative nightmare  that would befall Google if 
every author/copyright holder, for each and  every book they held 
copyright to, contacted Google to opt in or out even  within the same 
couple of months - it would take years to enter all the  details into 
their system and make the payments!
-- 
Jane  Partridge

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