Concessions Secured, The Songwriters Guild Of America
Withdraws Its Opposition To The Google Book Settlement

The Songwriters Guild of America, which had been the only music industry organization to formally file a motion in opposition to approval of the Google Book Settlement currently under consideration by Judge Denny Chin in the Federal District Court for the Southern District of New York, announced today that it has withdrawn its objections following acceptance of certain SGA-proposed changes by the parties to the settlement.

“SGA has secured concessions on behalf of the songwriter community that further blunt any potential negative effect on music creators by the pending settlement between Google and the book authors and publishers,” stated SGA President Rick Carnes. “Since no songwriter or other member of the music community participated in the original settlement discussions with Google, our aim was to ensure that songwriter rights were not implicated or compromised by the settlement in any way, and we believe we have accomplished that.” Carnes added that the Author’s Guild, the principle plaintiff in the copyright infringement lawsuit against Google that is the subject of the settlement, was instrumental in helping to negotiate the “carve out” amendments that SGA had requested.

If approved by the court, the settlement would give Google authority to scan books into its search database. Under the new revisions to the settlement, the term “books” has been redefined to automatically exclude any work in which twenty or more percent of the pages consist of twenty or more percent of musical notation or tablature. Further, any “insert” of musical notation or tablature in a book that is not excluded under the above formula will be blocked from inclusion in Google searches and displays absent the specific authorization by the copyright owner of such music.

“Essentially, this revision is a recognition that if Google wants to include musical notation excerpts in its database,” stated Carnes, “it will have to negotiate for those rights directly with those creators and music copyright owners that have not already granted such rights.”

Carnes acknowledged that SGA has also sought to further limit stand-alone lyric excerpts and inserts, but because the Google system is maintained electronically, songwriters would not have the practical ability to secure broader rights under the settlement than that for poets. “We have looked at that issue and conclude that the settlement provides acceptable protection for lyricists for two reasons. First, if the lyric writer does not want his or her excerpted words subject to search and display, he or she may opt out of the settlement, or short of that, exclude the search and display of the lyrics simply by notifying the Registry, which will direct Google to block such excerpts upon request. Second and quite significantly, the settlement prevents Google from raising a fair use argument to avoid its duty under the settlement to follow the lyricist’s exclusion instructions.”

“SGA is pleased that it has been able to open a dialog with Google,” asserted Carnes, “and to have negotiated concessions that benefit all songwriters and music copyright owners. SGA has served notice that if Google wants to deal in musical works, it is going to have to negotiate directly with the creators and copyright owners of those works. The community of music creators will always seek partners and opportunities, but we speak for ourselves.”

©2009, Further Communications