posted by Betty Leigh Hutcheson
The official Google Book Settlement website recently posted an update that extends the deadline to file for an upfront payment in the Google Book Search Copyright Class Action Settlement. Authors whose works were scanned by Google on or before May 5, 2009, may be entitled to claim a cash payment once the amended settlement is approved. The former deadline was March 31, 2011. The new deadline is one year after the approval of the settlement—a date yet to be determined.
The lawsuit, titled Authors Guild, Inc., et al. v. Google Inc. (Case No. 05 CV 8136, S.D.N.Y.), was brought by authors and lawyers who claim that by scanning books still under copyright for the Google Books Library Project, Google violated the creators’ rights. The federal court originally approved a settlement to the lawsuit in November 2008, and then preliminarily approved an amended settlement in November 2009.
A second class-action suit for copyright infringement was brought against Google in April 2010 by visual artists excluded as plaintiffs in the first suit, including the American Society of Media Photographers, several other photography associations, the Graphic Artists Guild, and independent photographers and illustrators. The outcome of this case (No. 10 CV 2977, S.D.N.Y.) will be determined after the settlement of the first case.
What does the extended deadline mean for authors and publishers? According to the Google Book Settlement website, if “you did not previously opt out of the Original Settlement and do not opt out of the Amended Settlement, you are ‘in’ the Amended Settlement,” and you can claim your copyrighted material. The website contains all documents related to the settlement and forms and instructions for registering your work. The Authors Guild also publishes updates about the settlement.
CAA will publish an additional notice once the new deadline is established.