Library Journal Academic Newswire has published a must-read article ("Questions Emerge as Terms of the CIC/Google Deal Become Public") about the Committee on Institutional Cooperation’s Google Book Search Library Project contract.
Here’s an excerpt from Brantley’s posting:
In other words—pretty much, unless Google ceases business operations, or there is a legal ruling or agreement with publishers that expressly permits these institutions (excepting Michigan and Wisconsin which have contracts of precedence) to receive digitized copies of In-Copyright material, it will be held in escrow until such time as it becomes public domain.
That could be a long wait. . . .
In an article early this year in The New Yorker, "Google’s Moon Shot," Jeffrey Toobin discusses possible outcomes of the antagonism this project has generated between Google and publishers. Paramount among them, in his mind, is a settlement. . . .
A settlement between Google and publishers would create a barrier to entry in part because the current litigation would not be resolved through court decision; any new entrant would be faced with the unresolved legal issues and required to re-enter the settlement process on their own terms. That, beyond the costs of mass digitization itself, is likely to deter almost any other actor in the market.