Google books row explained

Kiwi authors and publishers could still strike a deal with Google to sell digital copies of books, but say any arrangement with the internet search giant will be on their terms.

New Zealand has been left out of a proposed deal that will see Google scan and sell digital versions of out-of-print copyright protected books to people in the United States and give authors and publishers a cut of the proceeds.

Google began digitising out-of-print books from US libraries, including New Zealand books, in 2004 but has scaled back the scheme in response to objections and legal action from its competitors, publishers and the US Justice Department. They were concerned that the project infringed copyright and would give Google a monopoly over out-of-print books.

Google will now scan and sell only books registered with the United States Copyright Office or published in Britain, Australia and Canada. It plans to sign deals with other countries and individual publishers to make out-of-print works available worldwide.

Sam Elworthy, vice-president of the Publishers Association of New Zealand, says Kiwi publishers accept Google is a major player in the online book market "through fair or foul means", and will now be pondering how best to work with the company.

Many publishers already have a relationship with Google. It provides previews of books through its online Book Search service.

"It's about thinking about what's the best way of extending that. It could be selling access to libraries or selling access to full content. Most publishers will say on the right terms we will do that."

Publishers are eager to monetise out-of-print books but some objected to Google scanning their works without notification or consent. "Authors and publishers said, `This is outrageous. If we allow Google to do this, Joe Bloggs down at the dairy will think he can do this too'."

Society of Authors chief executive Maggie Tarver says it is positive New Zealand has been excluded from the deal. The society is not against the idea of the project but is concerned Google is sticking with an opt-out arrangement – whereby it automatically scans books and it is up to copyright holders to opt out – and that Google still appears to consider it "fair use" to scan and preview New Zealand books in the US for US readers without consulting rights holders.

The process for removing books from the service is unclear, she says. "Google has said they have a policy for removing digitised books but if you go to their website there's no policy there."

Rights holders whose books have already been scanned can have their works removed or choose to "turn on" Google's service. The society would still support a deal with Google, she says. "We would welcome an opt-in agreement where authors are not in just by default."

Individual publishers and authors could strike their own deals with Google but there should be a New Zealand-wide agreement – involving the Government – to ensure copyright law is observed and New Zealanders can also access the service.

Kathy Moore, chief executive of copyright manager Copyright Licensing, says Google's scheme is a great way for authors and publishers to make money from their out-of-print works, and is a wake-up call to New Zealand rights-holders.

"If we don't deal with our books and put them online and make them available to the public then the market may deal with the situation itself and take the market away."

Publishers and authors have signalled they will look to digitise a significant number of their books.

"Once the works are digitised with the copyright holders' approval, anyone can have a piece of the action by providing access to the works. They would be more easily available to the likes of Google, booksellers, retailers, libraries and individual readers."

Google has said it will remove any books that are reprinted from its service, but Mr Elworthy says the costs of reprinting books and uncertain demand means publishers will probably opt to keep their works online and print on demand for those who prefer paper versions. "That's the long-term answer in terms of out-of-print books."

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