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Re: Authors, publishers, settle suit with Google

It might be helpful to set out the authorities.  The settlement 
sec. 1.142 defines the "Settlement Class" as "all Persons that, 
as of the Notice Commencement Date, have a Copyright Interest in 
one or more Books or Inserts."  I believe the statutory basis for 
the U.S. copyright interests owned by non-U.S. authors and 
publishers is sections 104 and 104A of the U.S. Copyright Act (17 
U.S.C. sec. 104-104A (2000 & Supp. V 2005).

Robert C. Richards, Jr., J.D.*, M.A., M.S.L.I.S.
Philadelphia, PA
E-mail: richards1000@comcast.net
* Admitted to practice in New York only

-------------- Original message --------------
From: "Harper, Georgia K" <gharper@austin.utexas.edu>

> I understand it to apply to any US copyright interest, including
> those owned by foreign authors and publishers by virtue of the
> GATT. Thus, a foreign author's US copyright interest in a book
> that was published in Brazil, but not subsequently published here
> within 30 days of foreign publication (i.e., a book in University
> of Texas' Benson Latin American Collection, which Google is
> digitizing), can be seen here in the default 20% view mode, can
> be purchased, etc. and the moneys go to Google and the Registry,
> and the Registry money goes to the foreign author, if he/she
> registers with the Registry to claim it. The notice that is going
> out to call authors to come forward (assuming court approval) is
> going out all over the world because all authors/publishers
> (copyright owners) of foreign works have US copyright interests
> in their works that were still protected in the publication
> country in 1996 for the full term of a comparable US copyright,
> in the US.
> Ironically, that same Brazilian author won't see his/her work in
> anything more than snippet view in Brazil, nor will the book be
> for sale there, until Google has negotiated a deal with the
> Brazilian collective rights organization and the Brazilian
> government (or some such arrangement). We agonized over this
> discrepancy in deciding whether to support the deal, as so much
> of our readership for the Benson Collection is foreign. But in
> the end, the potential for creating a more workable path out of
> obscurity for orphan works was compelling.
> Extremely complicated deal. Only a first little (well not so
> little) step down a very interesting and very long path.
> Georgia Harper
> On 11/3/08 5:36 PM, "Lesley Harris" wrote:
> The settlement was in response to 2 law suits against Google in
> 2005, by the Authors Guild and the American Association of
> Publishers -- so the settlement can only apply to the law suits
> and these U.S. groups.
> Lesley Ellen Harris
> lesley @ copyrightlaws.com
> www.copyrightanswers.blogspot.com