RE: French deal may break deadlock between Google and publishers

["John Cox" <John.E.Cox@btinternet.com>]

I am, speculating too, as I am not familiar with the detail of 
the agreement between Hachette and Google.  However, just because 
US publishers have struck deals with Google does not mean that 
there is no new ground to be broken in other jurisdictions.

One of the differences lies in moral rights - droits d'auteurs - 
which exists in every European jurisdiction, and was really 
invented in France. Authors have rights under European copyright 
laws which cannot be simply ridden over by publishers, whereas no 
such rights exist under US law (except for rights in 
photographs).  It is likely that Google endeavored to use the 
sort of agreement it had already used with US publishers, only to 
find that it would not be acceptable under French jurisdiction.

Of course, Hachette was also acting to ensure that its own 
legitimate IP rights were not going to be compromised.

John Cox
Managing Director
John Cox Associates Ltd
Rookwood, Bradden
Towcester, Northamptonshire
United Kingdom
Tel: +44 (0) 1327 861184
Fax: +44 (0) 20 8043 1053
E-mail: John.E.Cox@btinternet.com
Web: www.johncoxassociates.com


-----Original Message-----
From: owner-liblicense-l@lists.yale.edu
[mailto:owner-liblicense-l@lists.yale.edu] On Behalf Of Sandy Thatcher
Sent: 24 November 2010 23:02
To: liblicense-l@lists.yale.edu
Subject: Re: French deal may break deadlock between Google and publishers

Unless I'm missing something, I don't see what's new about this 
kind of arrangement. Way back in 2005 U.S. publishers began 
entering into agreements with Google in its Publisher program to 
have Google digitize books. The suit arose out of an unsanctioned 
arrangement Google struck up with libraries and Google's 
challenge to the traditional practice of publishers opting in to 
any such arrangement. The deal with Hachette looks very much like 
the deals U.S. publishers have been making with Google for five 
years now. This may be a "fresh start" for Hachette, but it isn't 
for U.S. publishers.

Sandy Thatcher


>"A new agreement between Hachette Livre and Google could offer a
>way forward in the ongoing dispute between authors, publishers
>and the search engine over the digitising of out-of-print books."
>
>Full text, from the Guardian: http://bit.ly/gkyWd9
>
>Bernie Sloan