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Termination by Library
Termination by Library
I think one of the most interesting clauses in the Google Book Settlement is in Appendix B-1, on Fully Cooperating Libraries. (FORM OF LIBRARY-REGISTRY (FULLY PARTICIPATING) AGREEMENT). I am a relatively naive IANAL reader, and much nuance is undoubtedly missing, but I am always keenly interested in termination clauses.
"Fully cooperating libraries" are the libraries that are contributing books to Google, and permitted to retain copies of their digital copies, known as the Library Digital Copy (LDC). The clause, 4(d), states that the Library must destroy its LDC if the agreement with Google is terminated.
4 (d) Termination by Library. Library may terminate this Library Agreement at any time for any reason or for no reason, upon thirty (30) days’ notice to the Registry. In the event of such termination, Library shall delete or permanently render unusable its LDC, and shall certify to the Registry in writing that it has done so. This obligation shall survive termination pursuant to this Section 4(d) (Termination by Library).
Whoops! Guess that means that any semblance of digital preservation is at the pleasure of an on-going relationship with Google.
2 comments
Google doesn't get to change already signed contracts as a result of this settlement. Unless the contracts were slippery enough to allow them to.
IF the previous contracts hypothetically allowed libraries to keep "Library Digital Copies" indefinitely, then this settlement does nothing to change that--the publishers could still try to bring actions against libraries claiming that those LDCs are violation of copyright (as they could before), and presumably now -can't- as long as libraries still have a relationship with Google (the terms of the settlement).
So in a sense Google has settled on behalf of those library partners, so long as the libraries maintain the Google relationship. They could have left those participating libraries out entirey and not settled on their behalf and say, sorry, we know we said you could keep a copy, and as far as we're concerned that's fine, but the publishers might still sue you. But of course it's in Google and publisher organizations interests to tie this all up cleanly, so they didn't do that. I wonder if the publishers considered asking them to sign up no more "fully participating" libraries as part of the settlement. But I think Google is probably done with that phase of things anyway--in part due to this settlement where they'll now be getting more texts straight from publishers.
Libraries are pretty much going to be reduced to supporting Google's income with a continual (until they decide to terminate it) tax on themselves, as Peter mentioned in an earlier post.
The honeymoon is over.
What's missing is some sort of explicit preservation set aside, though; it is not incorporated in the agreement afaik.
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