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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


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


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.


  • 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


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