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Questions Linger Over Google Book Rights Registry

We've discussed the fallout from Google's settlement with the Authors Guild a few times already. Now the issue is made pointed again by a Wall Street Journal editorial claiming that the settlement will ruin a functioning copyright system if it is finally ratified, as expected, in June by a federal court. Reader daretoeatapeach writes: "In the US this will establish a Book Rights Registry where authors can opt-in to 63% of the revenues of each book, the rest going to Google. While previously Amazon had cornered the market on e-books, Google's partnership with Sony will create a serious dent: 500,000 books to Amazon's 250,000. Though Google is currently only releasing the books that are in the public domain, they ultimately plan to sell the 7 million e-books they've scanned (and counting). This raises a lot of questions about the future of publishing: Do we want only one company (e.g. Google) controlling access to information? Should publishers get a cut of the money, at least as long as their book is being scanned? Will broader access to trade journals affect their relationship and reliance on libraries? If, in the future, more authors opt out of the traditional publishing model, when will this hit the 'recession-proof' book industry? And has the publishing industry learned any lessons from MP3s?"

31 of 107 comments (clear)

  1. paper by spandex_panda · · Score: 4, Insightful

    Well I still like paper books. I find it far easier to read if it is printed, I can't even read more than a page or two of a pdf before I print it out... let alone a whole bloody book!

    --
    like phosphorescent desert buttons singing one familiar song
    1. Re:paper by jsmiith · · Score: 4, Insightful

      That depends on the type of book you are reading. For reference, text searching is indespensable, but for just plain old reading I'll never give up my printed books.

    2. Re:paper by Anonymous Coward · · Score: 2, Informative

      E-ink uses no power after a page load. You can turn the device completely off and still read.

    3. Re:paper by mysticgoat · · Score: 2, Interesting

      Even with screens of excellent quality, I prefer a book-like format to my computer for reading. The computer screen locks me into one posture, one particular lighting set-up, and a very narrow range of viewing distances. With a book, I can easily vary all of these conditions even as I read, and I find that I do so, constantly. I might spend an evening reading for pleasure (currently re-reading LOTR). But I'm changing my position, or the angle of the book to the lighting, or how far I'm holding it from my face almost constantly.

      If I spend an hour working up a spreadsheet or editing a web page then go outside, it takes several minutes for my acuity to return to normal: things are a little blurry until my eyes adjust from the fixed conditions of the computer work to rapidly shifting focus between the path at my feet and the mountains miles away. That period of adjustment doesn't happen when I'm reading for pleasure, and I think its because I'm not locking myself into tight constraints on posture, etc, when I'm reading a book.

      I'm thinking that I might see ebook hardware that I would like as much as deadtree books in the next 10 to 20 years, but we aren't there yet.

    4. Re:paper by swillden · · Score: 2

      That depends on the type of book you are reading. For reference, text searching is indespensable, but for just plain old reading I'll never give up my printed books.

      Have you ever tried reading on an electronic book reader? Not a laptop, or a cellphone, but a purpose-designed device, like a Kindle, or even the venerable Rocket e-Book? And have you done it for long enough that the device "disappears", just as the mechanical aspects of turning pages do?

      I have, and I really dislike reading fiction on paper. So much so that I won't do it unless the book is both unavailable electronically and *highly* recommended by someone I trust. Even then that's not always enough.

      Paper is bulky, heavy, requires two hands, doesn't work in the dark, doesn't remember your place, doesn't have adjustable font sizes for different reading distances... it just sucks.

      People go on about the tactile aspects of reading paper books, and how much they enjoy that, but I think they're full of crap. Not that they don't believe every word of it, but I really doubt that the "pleasure" of holding a book and turning pages really means what they think it does. In my opinion, what's really going on is they're associating the pleasure derived from reading a good book with the peripheral sensations that surround the experience, and it's only that association that makes the tactile sensations pleasurable. Would you really enjoy turning pages if they were blank?

      Personally, I experience the same pleasure when I plop down into an easy chair with an e-book reader that I used to when reading on paper. The reading pleasure is now associated in my mind with other sensations and paper books just strike me as inconvenient and unpleasant.

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    5. Re:paper by swillden · · Score: 2, Interesting

      More often than not I am trying to connect several similar concepts and have a finger or two marking my place as I rapidly switch between sections. How can I do that on a electronic device?

      An electronic device is superior for that usage as well. First, it'll let you set any number of bookmarks, which you can jump between easily. Not quite as easily as with your fingers stuck in sections, but for that sort of use there's the "back" and "forward" buttons. On my Rocket e-Book reader there are some configurable soft-buttons on the touchscreen, and I set two of them to jump forward and back much the way forward and back icons work in your web browser. I can go to one bookmark, then another, then a third or a fourth, and then use back and forward to quickly jump between them.

      If needed, I can also assign soft buttons to specific bookmarks. This is usually more effort than it's worth, but it can be nice.

      The thing that really makes electronic readers great for reference books and textbooks, though, is searchability. Sometimes being able to search for key words or phrases is far more useful than any index. Oh... a properly-done index in an e-book is hyperlinked, which makes using it MUCH faster than a paper index, and if the page you find isn't what you wanted, just hit "back", and you're back at the index to try again.

      Stepping up a level, if there's a common usage mode that is less convenient with an electronic device, then that just points out a flaw in the software. Since there are no physical limitations (other than screen size), there's no reason that everything you may want to do shouldn't be easier, faster and more convenient than with paper.

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  2. Publish or Perish by dattaway · · Score: 4, Insightful

    The publisher who makes the effort to put material on the most widely read medium always prevails. Looks like google is doing what the dead tree publishers refuse to do.

  3. Obligatory xkcd by Andr+T. · · Score: 4, Funny
    --

    Any life is made up of a single moment, the moment in which a man finds out, once and for all, who he is.

    1. Re:Obligatory xkcd by TitusC3v5 · · Score: 3, Funny

      I'll meet your Obligatory xkcd and raise you one Penny Arcade, good sir.

      --
      And the masses cried out, "09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0!"
  4. OH NOES! by Thanshin · · Score: 5, Funny

    "the settlement will ruin a functioning copyright system"

    I suppose he's implying the current copyright system will be unaffected, right?

    Right?

  5. Suspicious by Andr+T. · · Score: 3, Interesting

    Ok, I think the guy from WSJ has some kind of a point, but...

    We already have a good system. It's called the system of private property and free contract, designed for dispersed, autonomous individuals -- not command-and-control centers.

    I don't know the situation in the US, but in Brazil we have 2 or 3 publishers that hold 95% of the market. That doesn't seem to me much different from 'comand and control centers'.

    --

    Any life is made up of a single moment, the moment in which a man finds out, once and for all, who he is.

  6. Think of the poor publishers! by 8tim8 · · Score: 4, Funny

    >Should publishers get a cut of the money, at least as long as their book is being scanned?

    Definitely. Especially if the book has been out of print for decades and the publisher has no plans, and no interest, in every publishing fresh copies. We need to keep the revenue going to the people it's always gone to!

    1. Re:Think of the poor publishers! by Chaos+Incarnate · · Score: 2, Insightful

      If Google is just providing the text, that's one thing. But if they're providing an exact page image, than they should be paying the publisher for their graphic design and page layout work.

      --
      Benford's Corollary to Clarke's Law: "Any technology distinguishable from magic is insufficiently advanced."
  7. For the most part... by ActusReus · · Score: 3, Interesting

    Generally speaking, I very much prefer paper books too... and can't see ever switching over to a Kindle or any other sort of e-reader.

    However, the one advantage that e-books have over the real thing is that I can't throw my feet up on my cubicle desk and read a paper book... but I CAN spend all day reading a PDF (and/or Slashdot), and it looks like I'm working.

    Since I spend a quarter-to-a-third of my life sitting at the office, working jobs that involve 10% programming work and 90% being held up by inefficient management, time-fillers are an important part of my life. In a perfect world, I could just waste time openly and perhaps encourage management to get its organization together so I'd be less bored. In the real world though that would just get me outsourced, so I need to give the impression that I'm "heads down" and slaving away for my brilliant manager. E-books help.

  8. Re:Hummm. by Assmasher · · Score: 4, Insightful

    I'm sure they'll have a 'print on demand' option some day. Google is doing what it always tries to do. Cut out all the middle men, in this case 'publishers.' Now,there are services a publisher provides that will continue to be needed but the 'publishing' business will be changed forever.

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  9. Re:Hummm. by h4rm0ny · · Score: 3, Insightful


    They're doing a bit more than just cutting out the middle men. I'm fine with that if it means that authors can sell directly to their fans without having to go through anther company. But there are big problems with what Google are doing. It's "opt-out" meaning that unless you are careful, Google will start selling your books whether you want them to or not. There are going to be a lot of books Google get their hands on that the author or their agent wouldn't want them to. This particularly applies on the international market. And keep in mind that Google are international. If an author doesn't have rights to a work in the USA for some reason, they'll find Google snapping it up and selling it. Aside from the moral issue of Google selling other people's work unless they take all the necessary steps to stop each work, the effect on the market will be a negative one. You put far, far too much power in the hands of a few small companies.

    --

    Aide-toi, le Ciel t'aidera - Jeanne D'Arc.
  10. If you're big enough, YOU get to make the rules? by KlaymenDK · · Score: 4, Insightful

    Should publishers get a cut of the money, at least as long as their book is being scanned?

    Hell yes. How would anything else not be piracy? In fact, maybe skip the publishers but ensure the authors get a cut -- since when is author royalties are an "opt in" thing?

    I don't get how Google can get away with what seems to be large-scale professional copyright infringement (and please don't say it's because it's large scale and professional).

  11. This is the way all info should go by professorguy · · Score: 2, Insightful

    Oh, I see, you've written so many books there's no possible way you can remember them all to fill out a web form for each one.

    I'm sorry, if you don't care enough to opt out, then ALL HUMANS SHOULD GET THE INFO. No more of this, "It's mine, you can't have it, I don't care if I'm not using it, I'd rather it was wasted just so I can hoard it."

    As long as Google is not the EXCLUSIVE stealer of info, so other companies can swoop in and ALSO distribute unclaimed works, this doesn't make one company too strong.

    I applaud this sentiment. ALL info should go this path. Let's sum it up as: Oh, YOU don't care? Well, WE do.

    1. Re:This is the way all info should go by PhilHibbs · · Score: 2, Insightful

      Oh, I see, you've written so many books there's no possible way you can remember them all to fill out a web form for each one.

      So far, Google is the only company doing this. But what if another company starts doing this in China, another one in Russia, another one in South America, another one in South Africa, one in Israel, etc., how many web forms in how many languages are you prepared to fill in for each of your books? You go on from saying how simple it is to then say that other companies should be able to get into the same game, but you don't seem to have thought it through.

  12. Bad Summary by secretcurse · · Score: 2, Insightful

    I know, I know, everyone always bitches about a bad summary, but this one's really bad. The linked article doesn't really claim that authors have a "functioning copyright system." The article argues that authors won't get a good deal if they give up their individual contract negotiation rights for a one-size-fits-all Google deal. Anyone who thinks (here in America anyway) we have a "functioning system of copyright" hasn't been paying too much attention for the last several years...

    --
    I'm using all of my mod points to mod ancient memes down. Please join me.
  13. Google's monopoly by Netssansfrontieres · · Score: 3, Insightful

    While Google is protesting Microsoft's de facto monopoly of desktop client software, it is working hard to create a de jure and de facto monopoly for itself in an important area of content. In the proposed settlement, Google is the ONLY legal site for ALL [in copyright but out of print] printed content.

    How is this a good thing?

    Apologies for the cowardly anonymity, not my normal style, but there's plenty to worry about here.

    1. Re:Google's monopoly by keriaan · · Score: 2, Funny

      No need to apologise, we understand, if Google ever found out your Slashdot ID there'd be serious consequences...

  14. Books will be digitized without Google? Maybe... by langelgjm · · Score: 4, Informative

    The aging baby boomers now flacking the settlement don't seem to understand that PDF scanning (how Google and everyone else digitizes books) isn't rocket science; it's cheap and easy. Books will be digitized without Google.

    Actually, from what I've read, scanning books on any large scale is not cheap or easy. It's a fairly expensive undertaking, involving more specialized equipment than your desktop flatbed scanner, and involves moving lots of books around, in and out of large libraries. It's not an undertaking for the faint of heart. Microsoft tried, and decided to quit. Furthermore, the value of having a single large repository is greater than a bunch of fractured repositories that probably won't have a good way of connecting with one another.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
  15. What is being imposed? by Bob9113 · · Score: 4, Insightful

    That's the date by which every author and publisher in America is supposed to decide whether to "opt in," "opt out," or simply "ignore" a vast compulsory licensing scheme for the benefit of Google. Most, about 88%, are expected to "ignore." That's because they know their online display rights have value, and the last thing they want is to be herded like sheep into a giant contract commitment.

    OK, so it's an option - a new market that the author can choose to participate in, as he or she wishes?

    For private gain, the Google parties now seek to destroy the health in the system that individual bargaining preserves.

    "Seek to destroy"? It's an option - a new market option.

    Disputes will be fixed in arbitration with no access to federal courts which have often shown mercy to authors. Arbitrators will be "you sign it you eat it" line-parsing bureaucrats.

    This differs from a contract with binding-arbitration between an author and a traditional publisher how?

    If she's arguing that authors should choose to ignore, that seems reasonable. But that last bit sounds like she is claiming there is evil in allowing Google to offer the new business model. Is she an author? Maybe she is a PR person for a traditional publisher? Do I just not get it, and there actually is some new impediment inflicted upon the author here? Or is this article fishy?

  16. Re:Hummm. by Comboman · · Score: 2, Insightful
    It's "opt-out" meaning that unless you are careful, Google will start selling your books whether you want them to or not.

    The problem with an opt-in system is that with the current near-perpetual copyright terms, there are lots of books that are still under copyright but long out-of-print (or worse, out-of-print and publisher out-of-business) with no way to contact the author (if they are still alive) or even determine who the current copyright holder is.

    --
    Support Right To Repair Legislation.
  17. Scathing Rebuttal to the NYT article by cjewel · · Score: 2, Insightful

    Literary Agent Janet Reid has a rather scathing rebuttal to Chu's article which Reid (who has actually read the settlement, something Chu did not do) feels is spectacularly uninformed and incorrect. I tend to agree with Reid. (FYI, I am an author whose in copyright books were scanned by Google. I am a member of the class.)

  18. Re:Hummm. by mrchaotica · · Score: 3, Insightful

    No, that's exactly why opt-in is good -- if the copyright holder can't be bothered to identify himself, why should he still retain the privilege of controlling the book?

    Of course, opt-out with short copyright terms would be better...

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  19. Re:Hummm. by Chyeld · · Score: 2, Informative

    "opt-out" meaning that unless you are careful, Google will start selling your books whether you want them to or not.

    and by this you mean "I'd like to redefine what is actually happening to the most FUD worthy version possible."

    Here is the reality of what they are doing:

    In-copyright and in-print books
    In-print books are books that publishers are still actively selling, the ones you see at most bookstores. This agreement expands the online marketplace for in-print books by letting authors and publishers turn on the "preview" and "purchase" models that make their titles more easily available through Book Search.

    In-copyright but out-of-print books
    Out-of-print books aren't actively being published or sold, so the only way to procure one is to track it down in a library or used bookstore. When this agreement is approved, every out-of-print book that we digitize will become available online for preview and purchase, unless its author or publisher chooses to "turn off" that title. We believe it will be a tremendous boon to the publishing industry to enable authors and publishers to earn money from volumes they might have thought were gone forever from the marketplace.

    Out-of-copyright books
    This agreement doesn't affect how we display out-of-copyright books; we will continue to allow Book Search users to read, download and print these titles, just as we do today.

    The agreement will also create an independent, not-for-profit Book Rights Registry to represent authors, publishers and other rightsholders. In essence, the Registry will help locate rightsholders and ensure that they receive the money their works earn under this agreement. You can visit the settlement administration site, the Authors Guild or the AAP to learn more about this important initiative.

    If your OUT OF PRINT books are important enough to you that you care whether or not that they are 'republished' then go to the 10 minute effort of registering and marking them as such. If they aren't that important, then don't whine.

  20. Re:If you're big enough, YOU get to make the rules by swillden · · Score: 2, Informative

    In fact, maybe skip the publishers but ensure the authors get a cut -- since when is author royalties are an "opt in" thing?

    As I understand it, that's exactly how it works. Authors get royalties for books read by subscribers of the "Google Reader" program. Google will also provide links to Amazon, etc., for those who want to easily buy printed copies of in-print books. Authors do have to opt in to collect the money, because Google isn't going to try to figure out where to send the checks.

    Also, keep in mind that Google will not publish in-print books at all unless the author opts in. It's only out-of-print books where the system is opt-out. For those, authors have three choices -- do nothing, in which case their book is available and they get nothing, register, in which case their book is available and they get royalties, or opt out, in which case their book is unavailable and they get nothing.

    Honestly, how many authors of out-of-print books do you think will opt out? The ONLY case where it would make sense to opt out is if the author is currently working with a publisher to put the book in print again. And if that's the case, then what's the big deal about going to Google and opting out? The publisher will do it for you -- unless, as I expect, it turns out that opting in is good for in-print books also.

    Baen's Free Library experiment has shown that giving electronic copies away for free boosts sales. I think in the short term authors and publishers all over are going to discover the same thing, and eventually most in-print authors will opt in.

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  21. Re:Hummm. by j-beda · · Score: 2, Interesting

    The Book Rights Registry would be useful for anyone planning on starting a similar service - authors need only opt out in one place.

  22. Re:Hummm. by mrchaotica · · Score: 2, Informative

    Um. Your first statement makes about as much sense as saying, "Yes, 1+1 = 2, thus 1+2= 2!"

    Wow, you're right! That's because I accidentally wrote "opt-in" when I meant "opt-out." Oops! Corrected version:

    No, that's exactly why [opt-out] is good -- if the copyright holder can't be bothered to identify himself, why should he still retain the privilege of controlling the book?

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz