Publishers Drop Mass Book Digitization Suit Against Google. Authors’ Class-Action Continues.

A group of large U.S. publishers agreed to drop their lawsuit against Google over its mass-digitization of millions of copyright-protected books. In a press release issued this morning, the Association of American Publishers and Google said that the terms of the settlement are confidential and won’t need court approval. The parties did lift the covers off the deal a bit, saying publishers “can choose to make available or choose to remove their books and journals digitized by Google.” The statement does not say whether Google is compensating publishers for its unauthorized uses of the books, nor does it address whether Google will continue scanning books without permission. The press release acknowledges that the settlement doesn’t affect the authors’ class-action lawsuit against Google.

“The publishers’ private settlement, whatever its terms, does not resolve the authors’ copyright infringement claims against Google,” Authors Guild executive director Paul Aiken said in a statement. “Google continues to profit from its use of millions of copyright-protected books without regard to authors’ rights, and our class-action lawsuit on behalf of U.S. authors continues.”

The press release follows.

PUBLISHERS AND GOOGLE REACH AGREEMENT

Mountain View, CA and Washington, DC; October 4, 2012 – The Association of American Publishers (AAP) and Google today announced a settlement agreement that will provide access to publishers’ in-copyright books and journals digitized by Google for its Google Library Project. The dismissal of the lawsuit will end seven years of litigation.

The agreement settles a copyright infringement lawsuit filed against Google on October 19, 2005 by five AAP member publishers. As the settlement is between the parties to the litigation, the court is not required to approve its terms.

The settlement acknowledges the rights and interests of copyright-holders. US publishers can choose to make available or choose to remove their books and journals digitized by Google for its Library Project. Those deciding not to remove their works will have the option to receive a digital copy for their use.

Apart from the settlement, US publishers can continue to make individual agreements with Google for use of their other digitally-scanned works.

“We are pleased that this settlement addresses the issues that led to the litigation,” said Tom Allen, President and CEO, AAP. “It shows that digital services can provide innovative means to discover content while still respecting the rights of copyright-holders.”

“Google is a company that puts innovation front and center with all that it does,” said David Drummond, Senior Vice President, Corporate Development and Chief Legal Officer, Google. “By putting this litigation with the publishers behind us, we can stay focused on our core mission and work to increase the number of books available to educate, excite and entertain our users via Google Play.”

Google Books allows users to browse up to 20% of books and then purchase digital versions through Google Play. Under the agreement, books scanned by Google in the Library Project can now be included by publishers.

Further terms of the agreement are confidential.

This settlement does not affect Google’s current litigation with the Authors Guild or otherwise address the underlying questions in that suit.

The publisher plaintiffs are The McGraw-Hill Companies, Inc.; Pearson Education, Inc. and Penguin Group (USA) Inc., both part of Pearson; John Wiley & Sons, Inc.; and Simon & Schuster, Inc. part of CBS Corporation.

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