Open Access News

News from the open access movement


Thursday, August 20, 2009

Call for better support for OA in Google Books settlement

A group of 21 professors from the University of California have submitted a comment on the proposed Google Books settlement. Among other issues, the faculty are concerned the settlement does not provide support for academic author's "open access preferences". From the comment:

... For books in copyright with identified rights holders, the proposed settlement agreement envisions several options for authors and publishers to commercially benefit from revenues generated from uses of the Book Search corpus. They can, for example, sign up for the [Book Rights Registry] and share in the revenues generated by use of the corpus that Google will share with the BRR. However, the agreement does not explicitly acknowledge that academic authors might want to make their books, particularly out-of-print books, freely available by dedicating their books to the public domain or making them available under a Creative Commons or other open access license. We think it is especially likely that academic authors of orphan books would favor public domain or Creative Commons-type licensing if it were possible for them to make such a choice through a convenient mechanism. We are concerned that the BRR will have an institutional bias against facilitating these kinds of unfettered public interest, open access alternatives. The notices some of us received from Google as members of the author class do not, for example, mention either public domain dedication or Creative Commons licenses as alternatives to registration for payouts from Google through the BRR. ...

Academic authors may well want to terminate transfers of copyright to publishers in order to make their works more accessible through public domain dedication or Creative Commons-type licensing. The proposed settlement agreement, which governs only the relationship between rights holders and Google, does not address the potential for authors to recapture copyright and may create the perception that the BRR stands between authors and registered rights holders. Although the relationship between authors and rights holders is beyond the scope of the proposed settlement agreement, it would be reassuring if the agreement referenced the possibility that authors might recapture copyright and make their books available on an open access basis. The BRR could create tools that would assist authors to complete such transactions. ...