UK Booksellers Association criticise recent
Google copyright deal
14 November 2008
In October we
reported that Google have agreed to pay $125m in a
landmark copyright settlement agreement in cases relating
to the internet giant's digitisation of in-copyright
works. The proposed deal would see worldwide
holders of US copyrights able to register their works
with a newly created "Registry" and receive compensation
from institutional subscriptions, individual book sales
and advertising revenues as well as cash payment for
works already digitised. Rights holders in the
Registry would receive 63% of Google's book search
related revenue.
Now
the UK's bookselling trade group, the Booksellers Association
of the UK & Ireland Ltd ("the BA"), have issued
a statement on behalf of its members criticising the
proposed deal. In a recently issued press release
they express concern about the future of digital content
if the US District Court for the Southern District
of New York approve the deal next year. They
note that the proposed system provides Google with
a unique position in the market which "if abused, could
easily create a de facto monopoly." Their concern
seems to be that Google is already a key player on
the Internet and if the agreement is approved as it
stands, it would place power in the hands of one company
and that "is a bridge too far."
Currently
the proposed agreement only applies to the US but the
BA fear that if the "one-stop shop" direct to customer
approach comes to Europe then customers may be culturally
deprived. They argue that, in the long term,
Google's position of power could limit the customer's
experience of knowledge and interactive bookselling
that helps to build the reputation of authors and publishers.
The
BA emphasised that if such an agreement were adopted
in the UK and Ireland "it would have a damaging effect
on the publishing and bookselling industry, and consequently,
for authors and publishers as well." Further,
the BA caution publishers, authors and other partners
in the retailing world not to over-embrace the Google
initative stating "protecting the world that we know,
while embracing the new, must be the sensible way forward."
© Davenport Lyons 2008. All rights
reserved.
This document reflects the law and practice as at November
2008. It is general in nature, and does not purport in
any way to be comprehensive or a substitute for specialist
legal advice in individual circumstances.