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US Copyright Office concerned by Google book settlement
AFP - Friday, September 11
WASHINGTON (AFP) - - The head of the US Copyright Office added her voice Thursday to the chorus of concern over the proposed legal settlement that would allow Google to scan and sell millions of books online.
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Marybeth Peters, the US Register of Copyrights, told a congressional hearing her office initially welcomed the settlement to a lawsuit filed against Google by US authors and publishers but later "grew increasingly concerned."
"The settlement allows Google to reproduce, display and distribute the books of copyright owners without prior consent, provided Google and the plaintiffs deem the works to be 'out-of-print,'" Peters said in testimony prepared for delivery to the House of Representatives Judiciary Committee.
"Although Google is a commercial entity, acting for a primary purpose of commercial gain, the settlement absolves Google of the need to search for the rights holders or obtain their prior consent and provides a complete release from liability," she said.
"It could affect the exclusive rights of millions of copyright owners, in the United States and abroad, with respect to their abilities to control new products and new markets, for years and years to come," she added.
"In the view of the Copyright Office, the settlement proposed by the parties would encroach on responsibility for copyright policy that traditionally has been the domain of Congress," Peters added.
Google reached a class action settlement in October with the Authors Guild and the Association of American Publishers to the copyright infringement suit they filed against the Internet giant in 2005.
Under the settlement, Google agreed to pay 125 million dollars to resolve outstanding claims and establish an independent "Book Rights Registry," which will provide revenue from sales and advertising to authors and publishers who agree to digitize their books.
David Drummond, Google's chief legal officer, defended the deal saying "the suggestion that the settlement usurps the role of Congress to set copyright policy because the suit took the form of a class action is flatly wrong.
"The settlement does not establish new copyright law," he said in his prepared testimony. "The settlement represents the progress of science to tackle copyright challenges and help ensure millions of out-of-print books do not fade into oblivion."
A US District Court in New York is to hold a hearing on the settlement on October 7 and the project is also being examined by the US Justice Department, which has until September 18 to voice its opinion.
Google rivals Microsoft, Amazon and Yahoo! have filed objections to the settlement with the court along with the French and German governments, privacy advocates and consumer watchdog groups.
Sony Electronics of Japan, maker of the electronic book reader the Sony Reader, and a group of 32 US professors of law and economics, have filed briefs supporting the deal.
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A visitor sits at the Google stand at the Frankfurt Book Fair in 2007. The head of the US Copyright Office added her voice Thursday to the chorus of concern over the proposed legal settlement that would allow Google to scan and sell millions of books online.
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