At various times I have had compliments for the Google Book Settlement, and clearly I have a list of critical issues to raise. Nevertheless, in just a couple of days, on September 4, 2009, all authors will face the deadline to opt out of the pending settlement. The arguments for and against opting out are powerful. The William Morris agency is encouraging its clients to opt out , criticizing the terms of the settlement and the payments to authors. One of the least convincing arguments is to reserve the right to file a separate lawsuit against Google. How realistic is that? The best reason to stay in is perhaps to remain a member of the settlement class, and to be a player in the future development of the deal. A member of the class, for example, can file formal objections to the settlement with the court.
I keep weighing the arguments. I am pulled one way and then the other. September 4 is upon us. I have a decision: I am in. I will not opt out by September 4, and this week I am busily reviewing my past publication agreements and starting to file my claims. What pushed me one final direction? Answer: Money. Not the simple 60 bucks of initial payout, nor the trickle of money that might come from future uses. No, I am focusing on one especially annoying provision of the settlement agreement. Section 6.3(a) of the agreement establishes the allocation of unclaimed funds. The Registry is destined to receive payments for the use of Books for which no Rightsholder has come forward. These are classic “orphan works.” If those funds remain unclaimed for five years, they are then distributed. First, they are used to defray expenses of the Registry. Second, 70% of the remaining funds are distributed to the “Registered Rightsholders.” The last 30% goes to nonprofit causes. Some funds received from Books in the public domain are also distributed to the Rightsholders under Section 6.3(b).
I did not opt out. I am now a Registered Rightsholder. I am entitled to a sliver of that 70%. Am I in it for the money? Well, yes and no. I’m OK with money, but receiving it is not my motivation in this case. Instead, I am interested in spreading it. If individual claimants (like me) do not stay in the settlement, all the money will go to the big players—the major publishers that have accumulated rights in multitudes of Books. I would prefer that all the unclaimed funds went to other causes, but if the agreement is approved without change, I feel compelled to take a slice that would otherwise go to someone else at least as undeserving as I. I like to share the wealth, or at least share the trickle.
This is my opinion, and not my employer’s. It is also not my opinion about the rest of the settlement. That is a continuing subject. Thanks for reading.