What Mass Google Books Settlement Author Opt-Outs Might Accomplish
I'm urging fellow authors to opt out of the Google book settlement, the latest sellout from the same people -- the Authors Guild and its Philadelphia-based class-action lawyer -- who brought us the freelance writers' UnSettlement, which is now before the United States Supreme Court.
Anita Bartholomew has blogged eloquently about why it is in the interests of authors to opt out of Google. Among other things, they can get better deals for themselves by working directly with Google -- and while retaining little things like copyright and control. If you haven't already done so, go over to Anita's blog, http://editorialconsultant.wordpress.com (whose focus, by the way, is not the settlement, but she couldn't resist sharing her considerable legal knowledge and business savvy).
Beyond protecting themselves, why should authors opt out? Because there's a chance that a critical mass of opt-outs also could scuttle the settlement. Here's the relevant language from the settlement agreement:
ARTICLE XVI — RIGHT TO TERMINATE AGREEMENT
Google, the Author Sub-Class, and the Publisher Sub-Class each will have the right but not the obligation to terminate this Settlement Agreement if the withdrawal conditions set forth in the Supplemental Agreement Regarding Right to Terminate between Plaintiffs and Google have been met. Any decision by Google, the Author Sub-Class or the Publisher Sub-Class to terminate this Settlement Agreement pursuant to this Article XVI (Right to Terminate Agreement) will be in accordance with the procedures set forth in the Supplemental Agreement Regarding Right to Terminate. The Supplemental Agreement Regarding Right to Terminate is confidential between Plaintiffs and Google, and will not be filed with the Court except as provided therein.
Of course, we don't know the threshold of opt-outs that would trigger the rights of each of the parties to terminate. That number is secret.
Irv Muchnick
Anita Bartholomew has blogged eloquently about why it is in the interests of authors to opt out of Google. Among other things, they can get better deals for themselves by working directly with Google -- and while retaining little things like copyright and control. If you haven't already done so, go over to Anita's blog, http://editorialconsultant.wordpress.com (whose focus, by the way, is not the settlement, but she couldn't resist sharing her considerable legal knowledge and business savvy).
Beyond protecting themselves, why should authors opt out? Because there's a chance that a critical mass of opt-outs also could scuttle the settlement. Here's the relevant language from the settlement agreement:
ARTICLE XVI — RIGHT TO TERMINATE AGREEMENT
Google, the Author Sub-Class, and the Publisher Sub-Class each will have the right but not the obligation to terminate this Settlement Agreement if the withdrawal conditions set forth in the Supplemental Agreement Regarding Right to Terminate between Plaintiffs and Google have been met. Any decision by Google, the Author Sub-Class or the Publisher Sub-Class to terminate this Settlement Agreement pursuant to this Article XVI (Right to Terminate Agreement) will be in accordance with the procedures set forth in the Supplemental Agreement Regarding Right to Terminate. The Supplemental Agreement Regarding Right to Terminate is confidential between Plaintiffs and Google, and will not be filed with the Court except as provided therein.
Of course, we don't know the threshold of opt-outs that would trigger the rights of each of the parties to terminate. That number is secret.
Irv Muchnick
posted by Irv Muchnick at 3:29 AM
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