• Sunday, November 8, 2009
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Harvard Says No Thanks to Google Deal for Scanning In-Copyright Works

Harvard University has examined Google’s recent legal settlement with publishers and authors, and found it wanting. The Harvard Crimson reported today that the university would not allow its in-copyright holdings to be scanned by Google Book Search because of concerns over the terms of the $125-million settlement, which was announced on Tuesday.

The deal, touted as a watershed moment in mass access to books, promises to make millions more titles available online. Scanned books could be previewed at designated public-library terminals or at institutions that bought a subscription from Google. Users would have to pay to purchase copies of the books, with Google, the publishers, and the authors sharing the proceeds. The settlement awaits final approval by a judge.

Harvard’s concerns center on access to the scanned texts — how widely available access would be and how much it might cost. “As we understand it, the settlement contains too many potential limitations on access to and use of the books by members of the higher-education community and by patrons of public libraries,” Harvard’s university-library director, Robert C. Darnton, wrote in a letter to the library staff.

He noted that “the settlement provides no assurance that the prices charged for access will be reasonable, especially since the subscription services will have no real competitors [and] the scope of access to the digitized books is in various ways both limited and uncertain.” He also expressed concern about the quality of the scanned books, which “in many cases will be missing photographs, illustrations, and other pictorial works, which will reduce their utility for research.”

Calls to Mr. Darnton’s office were referred to the university’s news office. In a statement, Harvard said it would re-evaluate its position as the settlement moves forward. “If it evolves in a way that makes collections digitized from libraries widely acessible and usable under reasonable terms, we would willingly participate,” the statement said. Harvard will continue to allow Google to scan out-of-copyright works from its collections.

“For now,” the statement concluded, “the Harvard University Library will continue to explore other ways to open up its collections more broadly for the common good.” —Jennifer Howard

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