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The year-long controversy over the proposed Google Book Settlement has suddenly taken a new direction that may result in substantial changes to the original agreement, according to industry expert Lois Wasoff.  Wasoff provided an in-depth update this week during the sixth installment of an online informational series on the settlement, hosted by Copyright Clearance Center.

Wasoff is a highly regarded copyright law and publishing attorney who advises a wide range of publishing companies and non-profit organizations on intellectual property matters.  She explained to a worldwide audience of webinar participants that just four days after the U.S. government filed a “Statement of Interest” raising significant concerns over aspects of the proposed settlement agreement, and advising the judge overseeing the case to reject it in its current form, representatives of the Authors Guild and the Association of American Publishers, with the agreement of Google, have filed a motion to adjourn the Fairness Hearing currently scheduled for October 7^th.

“We basically had a game-changing development yesterday as we have now learned that negotiations are underway to revise the terms of the agreement in a way that addresses the antitrust, class action, copyright, funding and public policy concerns that have emerged since the original settlement agreement was announced nearly one year ago,” said Wasoff.  “There have been a number of challenges to that agreement – ranging from Microsoft and Amazon to six state attorneys general – but none have been as significant as the U.S. Department of Justice, which filed a Statement of Interest on September 18^th that asserted the agreement could violate antitrust law.”

According to Wasoff, the settlement parties stipulated in yesterday’s brief filed with the U.S. District Court for the Southern District of New York that they’re committed to working with the Department of Justice to come up with a new version of the settlement agreement that the government will approve.

 “The key parties to the Google Book Settlement will try to put together a new agreement and have asked the court to schedule a status hearing on November 6^th to discuss progress made during continuing negotiations on adjusted terms of the settlement,” said Wasoff.

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The U.S. Senate has confirmed David Kappos as the new Under Secretary for Intellectual Property and Director of the U.S. Patent and Trademark Office.

Kappos, a former vice president and assistant general counsel at IBM, told members of the Senate Judiciary Committee that reviewed his nomination that he is committed to streamline the government’s patent review process and to tackle piracy problems in the U.S. and abroad. He is also expected to advance the patent reform legislation that has been stalled in Congress for the past several years.

“I will use my international experience and my understanding of global IP trends to help this Administration represent, advance, and protect the interests of American innovators in the global arena and to lead the world in developing strong, balanced, inclusive intellectual property systems that advance the well-being of all participants.”

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In a recent interview with Copyright Clearance Center, Allan Adler, Vice President for Legal and Governmental Affairs for the Association of American Publishers (AAP) says the U.S. Department of Justice’s inquiry into the Google Books settlement agreement was not surprising since the settlement “is unprecedented in scope and nature”.

He explains that in addition to resolving pending litigation between Google and the AAP and the Authors Guild, the settlement was “designed deliberately to establish and create a going forward model for authors, publishers and other rightsholders to work with one of the giants of the online world.”

Adler also says the establishment of a Book Rights Registry (BRR) will play an important role in reducing the number of orphan works that exist.

The deadline for copyright holders affected by the settlement to decide whether to participate, to opt out, or to object is September 4.

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In a recent interview with Copyright Clearance Center, publishing and copyright attorney Lois Wasoff provided an update on the latest developments in the historic and potentially game-changing proposed Google Book settlement.

Wasoff advised copyright holders of changes in two important court deadlines. “The deadline for deciding whether to opt into the settlement, or to opt out, or object, has been extended to September 4^th.” The fairness hearing, in which the judge reviews objections, notification procedures and settlement terms, has been rescheduled to October 7^th.

Wasoff also discussed the ongoing U.S. Department of Justice inquiry into the settlement and how the DOJ’s actions could impact the court’s review and approval of the proposed settlement agreement.

In recent weeks, arguments for and against the settlement have heated up from groups representing rightsholders and content users.

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In his first public interview, Michael Healy—the man expected to become the executive director of the Book Rights Registry (BRR)—sat down with Copyright Clearance Center to discuss the potential benefits of the proposed Google Book settlement.

Healy, a former librarian, is currently the executive director of the non-profit Book Industry Study Group and has been working with the Authors Guild and Association of American Publishers on the establishment of the BRR. Development of the BRR was included as part of the proposed settlement agreement.

In his interview with CCC, Healy highlighted that book consumers have shifted their expectations about content delivery from traditional print forms to cell phones and e-book readers. He suggested publishers’ future success will depend on their ability to adapt to that changing landscape.

Healy also offered this perspective on how the proposed settlement will ultimately help copyright holders:

“The Book Rights Registry introduces into the environment an unprecedented degree of control to authors, publishers and other rightsholders on how their copyrights are exploited and distributed in this new digital world.”

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