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Wanda covered much of the SAMM conference. I was only there one day, mostly because I am a SOLINET/Lyrasis Board member, so I will cover the sessions that I went to that Wanda did not. My flight from Charlotte was late so I missed the opening keynote…grrhgghhhh!
Google Book Search Settlement:Now What? Jonathan Band, Technology Law and Policy
Really complicated, lots of controversy; some love it, some hate it, some fear it. He represents ARL, ACRL, ALA. They filed comments with the judge overseeing the settlement.
Original Library Project (totally different from litigation)
Scanning 25 million books
Public domain: display full text (5 million)
In-copyright: 3 snippets (few lines) per book 20 million (2.5 million in print) 17.5 million orphans
Opt-out for authors and publishers (copyright owners) (prohibitive to ask permission)
Opt-in for partner program to share revenue
Why did publishers sue in 2005?
Act of scanning may be infringement, made copies for libraries, even though public could only see snippet and may have increased the market for the work
Opt-out wasn’t good enough, burden should have been on Google (so say publishers)
Core question:was this fair use?
Proposed settlement Oct 2008
Only applies to books published before 1/5/09, no books going forward
Google can go forward with scanning in exchange for payment to owners
Book Rights Registry manages copyright (run by owners) solves the legal problem without addressing fair use issue and binds all the owners
Court still needs to approve it, since it is class action
Settlement services
Applies only to US users
Previews: analogous to snippet but more content
Consumer purchase
Institutional subscription
Default rule for out of print books (17.5 million):immediately available for all 3 services unless rights holder shows up and opts out *these are the heart of the settlement and lessens the panicky impact*
Default rule for in print book (2.5 million): not available for purchase or subscription unless owner opts in (not likely, they will make their money without Google)
(in-print means commercially available in any format)
Owners can opt out of the settlement altogether and sue Google on their own, or permit uses different from default rules
Previews
Analogous to snippets
Public domain:100%
In copyright, out of print (17.5 million) : was 3 snippets, now 20%
In copyright, in print (2.5 million): was 3 snippets, now bibliographic info
Consumer Purchase
Consumer can purchase perpetual online access to full text of a book
Google will set price algorithmically between $1.99 and $29.99 (80% below $10)
Can print 20 pages with one command, cut and paste 4 pages, make book annotations
Institutional Subscriptions (to libraries)
Annual subscription to get access to full text of all books in copyright, out of print (17.5 million); discipline based subsets
Access limited to “appropriate individuals/authorized users”
Can print 20 pages with one command, cut and paste 4 pages, annotations, link to e-reserves, no ILL
Remote access only for higher education
Google’s overall model is free or very low cost; we’ll see
Public Access service
One terminal per building for public libraries and higher ed (one terminal for 4,000 ftes at 2 year associate colleges, one terminal for 10,000 fte at 4 year colleges)
Print pages on per page fee
Participating Libraries (Michigan, Wisconsin, UC, Stanford, etc)
Libraries provide book to be scanned, receive digital copy in return
Libraries now must sign agreement with Registry, (Here is where Harvard dropped out)
many constraints, almost like dark archive until it comes into public domain, but released from liability Cooperating libraries (different from participating libraries)
Research Corpus
Non-consumptive research, computational analysis not for intellectual content, possible but with strict security requirement
Google’s obligations
Within 5 years must provide services for 85% of in-copyright, out of print books it has scanned
Must accommodate visual disabilities (could be huge)
Revenue sharing (with copyright owner)
$60 for each book scanned
Google keeps 37% of future revenue from advertising, subscriptions, sales, gives 63% to Registry
Usage fees for popular books
$200 inclusion fee when enough revenues are collected
Owner has to register to get revenue
Pricing
Google and Registry set price, if can’t agree, subject to arbitration
Based on FTE
Only higher ed has remote access
Status of Settlement
Library associations filed comments, asked court to closely supervise implementation
Court extended deadline to 9/4/09
Libraries worry about lack of competition, subscriptions could be priced too high, no matter what Google says,
Traditional library values of access, privacy, intellectual freedom could be undermined
Digital Preservation:the Future is Collaboration, Robin Dale, UC Santa Cruz
Think in terms of services that we can provide here and now rather than great repository in the sky.
Collaboration
- Don’t do it for its own sake
- Public good v pragmatism
- Sustainability is hard
- Cyclical drivers, evolve or die, sunset is sometimes a good thing
Local Digitization Imperatives
- Digital preservation should be
- an ongoing activity
- understood responsibility
- economically sustainable
- cooperative effort
Shift from Silos to Service
- In the beginning
- Large institutional digital repositories
- Major local investment
- Low acceptance/use outside libraries
- High cost, bit preservation with low sustainability
- Now:
- Incremental perspective with immediate action and future capabilities
- Move away from imperative to tackle problem locally
- Curation instead of preservation, look at the life cycle
- Curation is an outcome, not a repository
University of California
- First tried digital preservation repository
- Shifted to
Web archiving service
HathiTrust
LOCKSS (rise of Private LOCKSS Networks (PLN))
New flexible repository service to manage digital objects
Meta Archive Cooperative
LOCKSS-based distributed digital preservation network
Hathi Trust (13 CIC (Big 10+), 10 UC libraries)
Archive and share digitized collections from the Google project
Goal to create and sustain public good – searchable, not just dark archive
Currently at 2,839,932 volumes (16% in public domain)
Role for Lyrasis
- Facilitator to obtain existing services for the collaborative
- Manager of LOCKSS PLN’s
- Enable immediate access to services with management possibilities downstream