Google Books Class Action Litigation
Google, the mega-search engine that has become the staple of computer users around the world, found that trailblazing often leads to lawsuits. One class action lawsuit they face, The Authors Guild, Inc., et al. v. Google Inc., Case No. 05 CV 8136 (S.D.N.Y.)., alleges that they violated the copyrights of thousands of authors when they scanned their books to create their electronic database. The suit claims that excerpts of the books were used without the permission of the copyright holders. The case when initially filed allowed for claim holders to file as part of the affected class until June 5 of 2010. Google denies the claim that it did anything wrong in cataloging published content.
As part of the settlement, Google is seeking the authority to scan both books and other documents in the United States in order to maintain a database of available titles. If approved, Google will be able to sell the access to the books and place advertisements promoting the sale of titles listed on its search engine. Authors and rights-holders will receive rights to change instructions regarding the use of their books.
The litigation has set off a wave of new rule making that will affect the Internet search industry. In 2008, Google settled the class action litigation by agreeing to pay $125 million to litigants. This clears the way for Google to be able to continue scanning books and develop its own merchandising for the titles. Google will establish a registry that will allow it to settle its costs associated with the suit, which is estimated to provide at least $45 million in cash payments to the rights-holders of the books and inserts that were scanned prior to permission, before May 5, 2009.
Despite settling the lawsuit, Google claims that their registry of titles has actually benefited the book selling industry by making books searchable and providing additional ways to buy books. Google claims its efforts have provided a means for colleges, universities and other organizations to find books, even out of print books, that are available around the world.
No matter what the legal results of this particular case, the results of the action brought against Google by book publishers has paved the way for developing legal guidelines for the online distribution of digital content of all kinds, whether from music, film, television or other performing arts.
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