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Notice Program under the Authors Guild / AAP Settlement with Google. Anita Huss, General Counsel, IFRRO. 22 October 2009. IFRRO AGM 2009, Oslo (Norway). The Google Book Search Settlement.
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Notice Program under the Authors Guild / AAP Settlement with Google Anita Huss, General Counsel, IFRRO 22 October 2009 IFRRO AGM 2009, Oslo (Norway)
The Google Book Search Settlement • The Google Book Search Settlement, resolving The Authors Guild, Inc., et al. v. GoogleInc., Case No. 05 CV 8136 (S.D.N.Y.), was announced on 28 October 2008. • The court preliminarily approved the settlement on 17 November 2008.
Fairness Hearing postponed and Settlement will be modified • On 24 September 2009, the judge granted the parties’ motion to postpone the fairness hearing scheduled for 7 October 2009. • The court has set 9 November 2009 as the date for the filing of an amended Settlement Agreement and a motion for preliminary approval of the settlement as amended. • The parties have agreed to extend the date for completing a claim form to be eligible for cash payments from 5 January 2010 to 5 June 2010.
The Google Settlement Notice Program • The settlement requires that authors and publishers are being notified through the “Notice Program”. This includes information about important upcoming dates and deadlines. • Currently, 81 organisations in 54 countries are participating in the Notice Program, namely 44 RROs and 37 Associate Members.
EC Information Hearing on Google Settlement • The European Commission held a hearing on 7 September 2009 in order report back to the European Parliament and Council regarding issues related to (i) intellectual property rights; (ii) cultural diversity; (iii) competition law. • The presentation made by IFRRO’s CEO provided factual information on the Book Rights Registry.
Coordination of RRO activities • AIDRO, CEDRO and VG Wort initiated the coordination of activities, and, inter alia, identified those RROs who intend(ed) to make collective claims for cash and/or removal. • A questionnaire was prepared by the Secretariat and sent to all RROs, Associate Members administering reprographic reproduction and Music RROs in early July 2009.
Results IFRRO questionnaire • Participation in Notice Programme RRO MembersAssociate Members 16 5 • Intention to claim cash payment/removal RRO MembersAssociate Members 13 4 • Intention to manage display uses RRO MembersAssociate Members 5 1 • Intention to object / ask for amendments RRO MembersAssociate Members 1 1
Thank you for your attention Anita.Huss@ifrro.org www.ifrro.org