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Google strikes deal to put copyrighted books online


Cox News Service
Friday, October 31, 2008

In another step toward changing the future of books, Google Inc. has reached an agreement with publishers and authors to scan millions of copyrighted titles and post them on the Internet for users to read and print for a fee.

Under the agreement, Google will pay $125 million to settle a longstanding class-action lawsuit with the Association of American Publishers and the Authors Guild, which represents more than 8,000 authors.

In exchange, the two groups will let Google scan millions of out-of-print and in-print books and post them on the Internet through Google's Book Search system. Authors and publishers will get royalty fees and a share of the advertising revenues Google generates on Book Search.

The agreement will greatly expand the amount of content on Google's Book Search, which already contains bits and pieces of some 7 million books.

"We expect a vast repository of books — millions upon millions ... will find a new home and new readers online," Paul Aiken, executive director of the Authors Guild, said in a conference call with reporters.

Under the agreement, consumers will be able to find and read samples of books online and view entire copies on their computers for a fee. They'll also be able to buy hard copies via the Internet or print unlimited pages from a book for a per-page fee. Institutions such as schools and libraries will be able to purchase a subscription that would give users broader access.

Proceeds from the services will be split between Google, publishers and authors.

"This innovative settlement breathes new life into millions of books without jeopardizing the rights of individual property owners," said Richard Sarnoff, chairman of the Association of American Publishers and co-chairman of media and publishing giant Bertelsmann Inc.

The suit, because of its implications for media and the Internet, has been widely watched.

"The issue and the core question has basically been, 'How can someone legally make electronic copies of existing books and other publications and make them available to the public on the Internet?' " said Doug Isenberg, an Atlanta copyright attorney who has written a book on Internet law. "I think this settlement answers that. You need to get permission from copyright owners. Period."

High-tech companies have long tried to capitalize on the potential of digitizing books, just as they did with music and other media.

Last November, Amazon.com launched its highly touted Kindle e-book reader. Other companies have introduced similar devices.

David Drummond, Google's senior vice president and chief legal officer, said company founders Sergey Brin and Larry Page dreamed of making the text of books available online even before they started the company in 1998.

All this doesn't necessarily mean that consumers want or will use electronic versions of books, said Andrew Dillon, dean of the University of Texas at Austin's School of Information.

"We've had electronic books, or the promise of them, for two decades now, but people vote with their feet," Dillon said.

"We love e-mail, we love newspapers online and blogs and twittering and all of that," he said. "But most people would say there's no equal to paper when it comes down to reading lengthy narratives — books."

While Dillon acknowledged the significance of the Google agreement, especially when it comes to making out-of-print and other books more widely available, he predicted it could be decades before reading books online becomes commonplace.

Like others, he also said he worries about what having the world's books in the hands of a single profit-making company — Google — might mean in the future.

"The goal may be admirable, but ... we're all a little unclear as to exactly what Google wants to do," Dillon said.

The agreement settles a lawsuit filed three years ago by publishers and authors that claimed Google was willfully violating copyright law by scanning books without their permission.

The settlement is subject to approval by the U.S. District Court for the Southern District of New York.

Bob Keefe's e-mail address is bkeefe@coxnews.com

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