NWU Disappointed in Court's Google Books Settlement Decision
The NWU is disappointed with the District Court decision
dismissing the Google Books Settlement lawsuit brought by the Authors
Guild against Google's unauthorized digitizing of entire libraries of copyrighted books.
We continue to believe that Google's practices violate writers'
copyrights. These practices interfere with our ability to control and
receive fair compensation for secondary uses of works included in the
books that Google is scanning and using for its own purposes and profit.
Judge Chin found Google's mass digitization of the contents of several large
libraries to be "fair use" of copyrighted works. Such broad interpretation extends
the meaning of fair use beyond all previous boundaries.
In particular, Judge Chin considered only the impact of Google's practices
on sales of books, and not the potentially more significant negative
impact of Google's actions on the many other business models for content
included in books that publishers deem "out of print" in their original editions.
As working writers who depend on our copyrights for our livelihoods, we
can say with certainty that Judge Chin is mistaken in his belief that
works included in books that are out-of-print in their original editions
"have been forgotten in the bowels of libraries." The original publishers
may have forgotten many "out-of-print" books, but entrepreneurial writers
are generating increasingly significant revenues from new e-book editions,
self-publishing, Web publishing and advertising, and licensing of rights
to use content included in "out-of-print" books in electronic formats.
We welcome the announcement by the Authors Guild that it intends to appeal
Larry Goldbetter, President