As you may have heard (ahem), the Google Books Amended Settlement Agreement was last month rejected by Judge Denny Chin, who concluded that the settlement was not “fair, reasonable, and adequate” to the class that it represented. The decision is hardly the end of Google Books, or of the need for a mechanism that will allow HathiTrust and other digital libraries to make orphan works (that is, in-copyright works whose copyright holders cannot be identified or found) available to scholars and readers.
In the short term, the decision maintains the status quo. Google is still digitizing library collections, and the Library and HathiTrust continue to preserve and use that digitized material. But the “status quo” is a world in which mass digitization is reality, regardless of the status of the settlement. As a post on the Scholarly Kitchen notes, “You cannot put the Google back into the bottle.”:
We live in the post-Google era now, where large-scale digitization projects are taken for granted and where the publishing industry has been restructured around the anticipation of a service that the absence of an approved settlement has left in limbo.
For example, settlement or no, we have the HathiTrust, which grew directly out of Google’s scanning project. Focusing at this time on public domain works and with true zeal for detecting which orphan works are indeed in the public domain, the HathiTrust has now grown to a diverse collaboration of many research libraries, which share and scan books. The digital collection that the HathiTrust is putting together has no peer. It is, in my view, one of the most interesting, ambitious, and commendable projects going on today in the media world.
HathiTrust is all that, and is getting bigger and better all the time. For example, since the settlement decision was announced:
- HathiTrust and Serials Solutions announced an agreement to enable full-text search of the entire HathiTrust collection from the widely-used Summon web-scale discovery service.
- HathiTrust launched the HathiTrust Research Center (HTRC), which will develop tools and infrastructure in support of advanced computational research on the HathiTrust digital corpus.
- The Society of American Archivists (SAA) authorized HathiTrust to release a treasure trove of out-of-print publications under a Creative Commons license, making them freely open to the public.
Of course, none of this means that the answer to question posed in the title of this post—Whither the Google Books Settlement?— is irrelevant. But it does mean that part of the answer may not come not come in the form of a judge’s decision or government legislation. It may instead arise out of the actions and activities of librarians and technologists, working to preserve our cultural heritage, and to make it discoverable and accessible to the maximum extent permitted by law.
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