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Google Books Settlement and SA Authors: Deadline is Fri 4 Sep: Read the Essential van Heerden/Preller Notes

Google LogoAlert! Not to be alarmist, but TOMORROW 4 SEPTEMBER 2009 IS YOUR LAST CHANCE TO OPT OUT OF THE GOOGLE BOOKS SETTLEMENT YEEEEAAAAUUURRRRGH!!

Wait – don’t panic! Author Etienne van Heerden has picked the brain of legal eagle Bertus Preller and laid out all the facts related to the settlement in an excellent post published today at LitNet.

More importantly, van Heerden/Preller have also laid out an opinion or two, the most essential of which is:

And your advice would be? Just to sit tight?

My view is not to opt out of the settlement.

Which means, in essence, if I’ve got this right, that if you choose to follow the advice, you now have more time and can either:

Opt in. If you opt in and lodge a claim in respect of a book prior to 5th January 2010, you will receive a share of the $45 million that Google has put aside to pay rights-holders (the exact amount will depend on how many people claim, but will be between US$60 and US$300). You will also receive 63 percent of any revenue received by Google (eg from advertising around your book search result or if it is made available on subscription to a library or other institution).

Or:

Do nothing – in which case you will lose the right to sue Google in the US even if Google does digitise your book and publish excerpts, and you will not receive any revenue for that use.

Anyone up for suing Google? Anyone? No takers? hmmmmm…

At any rate, you should definitely take the time to read this highly enlightening post in full:

 

Recent comments:

  • <a href="http://louisgreenberg.book.co.za" rel="nofollow">Louis Greenberg</a>
    Louis Greenberg
    September 3rd, 2009 @21:00 #
     
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    What a thorough overview - thanks. It's fascinating and scary. While part of me wants to resist the urge to react against change and progress, the rest of me feels violated by the massive, inperturbable iron fist of global capitalism.

    I always cling to the self-evidence of Edward Abbey's statement: "the religion of endless growth – like any religion based on blind faith rather than reason – is a kind of mania, a form of lunacy, indeed a disease. And the one disease to which the growth mania bears an exact analogical resemblance is cancer. Growth for the sake of growth is the ideology of a cancer cell. Cancer has no purpose but growth; but it does have another result – the death of the host."

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  • <a href="http://margieorford.book.co.za" rel="nofollow">Margie</a>
    Margie
    September 3rd, 2009 @21:17 #
     
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    I opted in - and did the account thing and checked up on my books. One has been copied - one on Climate Change but the others seem fine. For now. there is a court case pending in the US - and judgment to come in October. It is an unhappy situation and Google was bad.

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  • <a href="http://helenmoffett.book.co.za" rel="nofollow">Helen</a>
    Helen
    September 3rd, 2009 @23:16 #
     
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    Louis, you have once again put my vague sense of unease into pithy words. Thanks. Margie, thanks for disclosing. Makes it easier for me to "opt in" -- horrible phrase, makes me feel like I'm joining something disreputable.

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  • <a href="http://imago.book.co.za" rel="nofollow">Sophy</a>
    Sophy
    September 4th, 2009 @00:06 #
     
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    I think "YEEEEAAAAUUURRRRGH" is really the best reaction here.

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  • <a href="http://louisgreenberg.book.co.za" rel="nofollow">Louis Greenberg</a>
    Louis Greenberg
    September 4th, 2009 @08:25 #
     
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    PS - does anyone know what is to happen to books published this year and in future?

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  • <a href="http://helenmoffett.book.co.za" rel="nofollow">Helen</a>
    Helen
    September 4th, 2009 @19:53 #
     
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    Well said, Sophy. Emboldened by Margie, I "opted in", grumbling like mad, and promptly discovered that Google had helped themselves to my university textbook, Seasons Come to Pass. Smoke emerged from my nostrils -- everyone who knows me has heard me rant over the tens of thousands in permissions fees I personally paid to use the poems in that book (eight POUNDS per LINE of T.S. Eliot etc etc steam steam). I had to sign a contract for every single copyrighted poem I used, and I don't remember any of those agreements I entered into saying I could digitize the book. Much less have some huge entity help themselves to it nary a word. Talk about a double whammy.

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