Those who don't remove their works can get a digital copy for their use. Google inks pact on digital books

Google and the Association of American Publishers announced a settlement today in their copyright infringement battle between Google and several publishers over the search company’s Library Project.

Publishers McGraw-Hill Companies Inc., Pearson Education Inc., Penguin Group (USA) Inc., John Wiley & Sons Inc. and Simon & Schuster Inc. had moved against Google in a copyright infringement lawsuit filed in 2005.


Under the settlement, U.S. publishers can choose either to make available or remove their books and journals that Google digitized for the Library Project. Those who don't remove their works can get a digital copy for their use. Publishers will continue to be able to make individual agreements with Google for use of other digitally scanned works, according to the announcement, which said further agreement terms are confidential.

"We are pleased that this settlement addresses the issues that led to the litigation," said Tom Allen, president and CEO of the publishers association, in a statement. "It shows that digital services can provide innovative means to discover content while still respecting the rights of copyright-holders."

The settlement does not have to be approved by a judge to take effect. A legal document known as a “stipulation of dismissal” was filed in court on Thursday.

"Google is a company that puts innovation front and center with all that it does," said David Drummond, Google's chief legal officer, in a statement. "By putting this litigation with the publishers behind us, we can stay focused on our core mission and work to increase the number of books available to educate, excite and entertain our users via Google Play."

Although the settlement allows Google to end its legal battle with the publishers, the Authors Guild is still pursuing its case against the search firm over the Library Project.

“The publishers' private settlement, whatever its terms, does not resolve the authors' copyright infringement claims against Google,” Authors Guild Executive Director Paul Aiken said in a statement. “Google continues to profit from its use of millions of copyright-protected books without regard to authors' rights, and our class-action lawsuit on behalf of U.S. authors continues.”

This article first appeared on POLITICO Pro at 10:40 a.m. on October 4, 2012.

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