Justice department investigates Google Book Search
The Department of Justice (DoJ) is investigating the deal which settled Google’s legal troubles with the publishing industry over the Google Book Search system. The investigation relates to out-of-copyright books, though a separate legal change affects current authors.
The deal came about after both the Authors Guild and the Association of American Publishers sued Google in an attempt to prevent it scanning books without permission. The settlement meant Google paid $125 million to cover legal fees, compensation and a registry of the books involved.
The deal means Google can publish full page scans from books where the publishers agree to the scanning, though in books still in print only 20 percent of the pages can be included. Google can also sell access to the full editions of books, with authors receiving a license fee.
Details of the DoJ investigation are not public yet, but it’s believed it involves orphan books – those where the copyright holder either can’t be identified or located. According to BusinessWeek, the DOJ is looking into the argument that Google would effectively have the only legal license to profit these books, which could violate anti-trust laws. The issue gathered attention after an article in the New York Review of Books in February.
The deal is still awaiting court approval, so if the DoJ did decide it was anti-competitive, it could formally object to its going ahead. It’s also reported that the Federal Trade Commission wanted to look into the issue, but agreed to pass over control to the DoJ.
Meanwhile the court handling the settlement has extended a deadline for authors to opt out of the settlement. The deadline, originally set for next Tuesday, is now September. Authors who do opt out won’t get their share for compensation for Google’s previous use of books, but will retain the right to take individual legal action. The extended deadline also acts as the cut-off point for anyone who wants to put forward an argument that the settlement itself is legally unsound.
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