If you are a published author with your work in print before 6th January 2009, the 28th January 2010 is a very important date for your diary: it's the deadline day for author opt-out of Google Book Settlement (or to give it its proper name: Google Book Search Copyright Class Action Settlement), and also the deadline date to file an objection to the said Action.

Many writers remain totally confused by the entire Google Book Settlement process, understandably so, and knowing what to do for the best is very difficult. There are excellent articles on the web covering the various arguments for and against the Settlement. One very good page is the Society of Authors (SoA) summary (I've shortened the link: http://bit.ly/16LvRs) that also has a downloadable guide to the actual process of registration and opt-out. I can also recommend joining SoA whilst you are there, which has an active and supportive Scottish wing, and whilst we might disagree on this issue, on almost all other issues I agree with their stances.

However, I do disagree with two of SoA's claims, in their summary they state:

"...the settlement seems a pragmatic solution to the problem of how to balance the needs of readers with the rights of copyright owners in the digital age."

And:

"...although far from perfect, the scheme provides a way of giving wider access (though only in the USA) to books, primarily those out of print, while giving authors and publishers a substantial degree of control and the chance to be remunerated, at a time when the creative industries are searching to find ‘new models’ for the digital age."

I cannot agree with these assertions. I view Google's aims as being nothing short of an audacious exploitation of the weak legal rights of both readers and copyright owners, with only one clear winner, Google. To that I must add that Google are able to do this because of the incredible weakness of response by organisations across the USA and Europe that are supposed to represent publishers and writers - and worst of all, the UK government which has been completely silent on this matter. Meanwhile, France and Germany, at the top level of Government, have both issued robust objections. It seems the current administration is happy to let this happen without so much as a whisper of objection. France and Germany see the Settlement as an attack on their culture, their creative industries, their publishers and their cultural heritage. If the government's Digital Economy Bill is any guide, the reason for the UK government's silence is obvious - only the digital rights interests of existing global businesses matter (hence Google Books is fine), their right to pirate or exploit your work will be enshrined in law whilst your rights as a creative individual, as a content provider to companies big and small, will be set-up to be abused.

European Commission initiatives offer, in my opinion, a better chance of evolving into something more equitable and future friendly. I've shortened the URL again for the purposes of this article, see: http://bit.ly/37UWey

So, you ask, what am I going to do?

Much as it depresses me, my own approach is going to be to register with Google Books (I have, it takes about 10 minutes), and see what happens over the next six weeks. In that time, there will be further, if not final, decisions coming from the US courts, and Google have one final deadline in March for registered authors to withdraw their work. In the meantime, registration does also enable the payment to you of any monies that might be due already if your work has been digitised by Google.

This go-with-it-for-now approach is my choice just now. I might be wrong in this, many finer minds than mine have struggled with the complexities of the Google Book Settlement, but I think an approach that keeps options open is the best just now. Don't take my word for it, act now - register and stay in, or opt out - make a decision yourself. This will be an issue for you if you have work in print or out of print.

© Peter Urpeth, 2010