August 12, 2005

Update: Google provides opt-out for publishers

Company to stop scanning copyrighted library books for a few months so publishers can decide whether or not to participate

Google will stop scanning copyrighted library books for several months to give publishers a chance to inform it which of their books they do and don't want scanned, the Mountain View, California, company announced late Thursday.

The move is a reaction to criticism from book publishers that feel Google is bypassing them and their copyrights with the library portion of its Google Print program, in which the company is scanning books from five major libraries. Google's stated goal for the entire program is to make searchable the full text of as many of the world's books as possible.

"This is not meant to be our final response," said Adam Smith, Google senior business product manager, in an interview Friday. "We're absolutely continuing to talk with publishers, authors and users." He described the ongoing discussions as a "collective effort" to balance the needs of the different parties involved.

The company announced the move on its official company blog on its Web site late Thursday night at http://googleblog.blogspot.com/. Entitled "Making books easier to find," the blog was posted by Google's Smith.

Google is hoping that most publishers and authors will want to have their books in Google Print so that their contents are fully searchable by anyone at the company's Web site. "But we know that not everyone agrees, and we want to do our best to respect their views too," Smith wrote in his blog. "So now, any and all copyright holders -- both Google Print partners and non-partners -- can tell us which books they'd prefer that we not scan if we find them in a library."

Google committed to not scanning any in-copyright books into Google Print from now until Nov. 1 to allow publishers time to review the options, Smith said. He described the freeze as a "slight pause," and stressed that in the meantime the company is continuing to scan books already in the public domain.

Should an author or publisher discover one of their titles has already been copied by Google under the library portion of Google Print and alerts Google that they don't want that book copied, the company "will take the title out of Google," Smith said.

The Association of American Publishers (AAP), the national trade organization of the U.S. book publishing industry, reacted swiftly to the news. "We think this knocks the notion of copyright on its head," said Patricia Schroeder, AAP president and chief executive officer. "It sets a terrible precedent."

Google is forcing the onus of preventing copyright infringement onto the copyright owner, not the user, she said. Schroeder foresees her members having to spend all their time checking to see whether Google has copied their titles without their permission from library copies of their books.

"I've never seen our members so solidified," Schroeder said. "Publishers and authors are investment bankers in copyright. There's great alarm among our members."

What's shocking to Schroeder is that when Google first kicked off Google Print with its Google Print Publisher Program in October 2004, the company "did everything right," going to each publisher and asking which books they wanted digitized and which they didn't subject to an agreement or license.

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