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Legally Speaking: The Dead Souls of the Google Booksearch Settlement

Communications of the ACM, Vol. 52, July 2009

UC Berkeley Public Law Research Paper No. 1387782

5 Pages Posted: 16 Apr 2009  

Pamela Samuelson

University of California, Berkeley - School of Law

Abstract

This short article argues that the proposed settlement of the Authors Guild v. Google lawsuit is a privately negotiated compulsory license primarily designed to monetize millions of orphan works. It will benefit Google and certain authors and publishers, but it is questionable whether the authors of most books in the corpus (the “dead souls” to which the title refers) would agree that the settling authors and publishers will truly represent their interests when setting terms for access to the Book Search corpus.

Suggested Citation

Samuelson, Pamela, Legally Speaking: The Dead Souls of the Google Booksearch Settlement. Communications of the ACM, Vol. 52, July 2009; UC Berkeley Public Law Research Paper No. 1387782. Available at SSRN: https://ssrn.com/abstract=1387782

Pamela Samuelson (Contact Author)

University of California, Berkeley - School of Law ( email )

Boalt Hall
341 North Addition
Berkeley, CA 94720-7200
United States
(510) 642-6775 (Phone)
(510) 643-2673 (Fax)

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