Abstract:
The advent of the internet has dramatically changed the landscape of information collection and distribution.
Google’s “Library Project” has the ability to create a library accessible to the world. Many of the world’s books,
previously only available in a university or research library will be available anywhere with an internet
connection.
However, Google made the mistake of not only scanning out of print books, but also those subject to copyright,
without obtaining permission of the rights-holder(s). Class actions were brought in the American Courts
claiming infringement of copyright by Google. Before any court proceedings began Google settled with the
respective parties. This settlement was later amended owing to further submissions by foreign authors. The
amended settlement, currently awaiting Court approval, is limited to books registered with the U.S. Copyright
Office or published in the UK, Australia, or Canada. It proposes to create a non-profit Book Rights Registry to
act as a clearing house, to locate rights-holders and distribute revenue collected through the sale of subscriptions
and e-books. Is Google creating a library or a book store? The Amended Settlement is not without problems.
Criticisms have been made over the vague terminology and obscurity regarding who is actually included. Questions have been asked about Google’s potential anti-competitive conduct. This is particularly important for
‘orphan’ works, as there is the potential for Google to become the sole rights-holder. This paper will review the Google Book Settlement and Google Books, and discuss the abovementioned issues with a focus on the ramifications for New Zealand.
