The Irish Copyright Licensing Agency

What's New

Irish PLR Payments December 2012
ICLA will be processing the Irish PLR payments during the week of 10th December on behalf of PLR UK who are operating the Irish PLR scheme since the closure of the Library Council. Payments will be made before December 20th.


Seminars for Authors and Publishers on Google Books and Orphan Works
ICLA are holding two free seminars on Thursday 18th October in the National Library of Ireland.
Authors' Seminar at 11.30 am followed by Publishers' and Librarians Seminar at 1.30 pm.
To register for either event, please email info@icla.ie

Google and US Publishers settle Book Copyright Case
Google has settled its seven year copyright dispute with US publishers over the right to digitise books for its Google Library Project. (4th October 2012)

The American Association of Publishers said the Google Library Project will now receive access to in-copyright books from its members. Under the agreement, publishers will have the right to remove their books from Google Library if they choose. Those deciding not to remove their works will have the option to receive a digital copy for their use.

Meanwhile the Authors Guild's suit against Google continues.

http://latoratorium.net

Google Books - Authors Guild can to go ahead
On May 31st, Judge Chin rejected Google's motion to dismiss the Authors' Guild as an occasional plaintiff and granted the Guild's motion for class certification. This means that barring another settlement, Google's library scanning program is headed to trail on the merits.

Google Books Upcoming Events and Deadlines
The Public Index has a timeline of upcoming dates in the related cases
http://thepublicindex.org

Authors Guild vs. Google
May 4: Opening expert reports due
May 24: Rebuttal expert reports due
May 28 - June 8: Expert dispositions
June 14: Motion for summary judgment due
July 23: Oppositions to motions for summary judgment due
August 13: Replies in support of motions for summary judgment
September 6: Oral arugment on summary judgment

ASMP vs. Google
June 13: Class certification motion due
July 11: Oppostion to class certification due
July 25: Reply in support of class certification
August 13: Fact discovery complete
October 1: Expert discovery complete
October 29: Summary judgment motions due
November 26: Opposition to summary judgment motions due
December 10: Reply in support of summary judgment motions

Authors Guild vs. Hathi Trust
May 11: Reply in support of motion for partial summary judgment due
May 20: Discovery complete
July 20: Fully-briefed motions complete
November: trial


Google Books Update
On May 3rd 2012 Judge Denny Chin heard oral argument in the Google Books case. Professor James Grimmelmann http://laboratorium.net/ outlines the two issues discusses at the hearing which were in relation to class certification on behalf of the authors. The parties will now go ahead with their summary judgment motions. Judge Chin said he would hear oral arguments in September.

Ireland's Copyright Review
Richard Bruton, Minister for Jobs, Enterprise and Innovation announced a review of Copyright Law in May 2011. The Copyright Review Committee produced a consultation paper on 29th February 2012 and the deadline for responses is 31st May 2012.
For more information http://www.djei.ie/science/ipr/crc_index.htm or Twitter #CRC12

Judge Chin rejects Google Book Settlement - 22 March 2011
Judge Chin handed down his decision on 22nd March 2011. The first paragraph sets out his opinion that the Amended Settlement Agreement is not "fair, adequate or reasonable" and that it goes too far.

American Publishers Association statement
Analysis of the decision from the Laboratorium
Follow the debate on twitter at #GBS.



Parties to Google Book Settlement ask for Filing Extension
Authors, Publishers and Google filed a stipulation asking the Court to extend the deadline for filing claims to receive an upfront payment in the Google Book Search Settlement. The current deadline under the settlement, which is being reviewed by the Court, is March 31st 2011. If the extension is granted, authors and publishers will have one year after the Court approves the settlement to make a claim for a cash payment.

For more information:- Authors Guild



Public Lending Right
Payments for Public Lending Right from the UK and the Netherlands will be made on 21st February 2011.

Final Settlement/Fairness Hearing - 18th February 2010
Judge Chin announced at the start of the hearing that he would not rule today at this hearing. At the end of the day, after hearing submissions from 21 objectors and 5 in favour together with the US Department of Justice and the parties to the case, he said he had been given a lot to think about. Reporting on the hearing can be found:-

Publishers Weekly
Reuters

Public Lending Right
Payments for the UK Public Lending Right and Dutch Public Lending Right were made on the 17th February 2010.

Amended Google Book Settlement Revised Time Line
Judge Chin has given his preliminary approval to the amended Settlement Agreement. The revised dates are:-

Final Settlement/Fairness Hearing - 18th February 2010
Deadline for Objections - 28th January 2010
Deadline for Supplemental Notices - 14th December 2009


Amended Google Book Settlement UPDATE 14th November 2009
The revised settlement filed on 13th November narrows the scope to "English speaking countries only" listing books published in the UK, Canada and Australia. It alters how revenue generated by "unclaimed works" are handled. It formally grants retailers, including Google competitors, who licence out-of-print works covered by the settlement, a 37% share. It also clarifies how the book pricing algorithm works.

For more information:-

The revised Settlement Agreement
Summary of changes
Link to amended Settlement FAQs

We will be contacting Irish rightsholders as the situation becomes clearer.

Google Book Settlement
The Court has agreed an extension until Friday 13th November for the filing of an amended settlement agreement.

Google Book Settlement
The Court has set the 9th November as the date for the filing of an amended settlement agreement.

The date to file claims has been extended from 5th January 2010 to 5th June 2010.


Authors' Survey
ICLA is conducting a survey into authors' incomes from their writing. This is similar to a piece of research undertaken by ALCS in the United Kingdom in 2007. The results of the ALCS Survey can be seen here

This survey has now closed. Many thanks to all those who took part and we will bring you the results later this Spring.


PLR Update
The closing date for registering for PLR from the new Irish PLR scheme is 9th October 2009. Works registered after this date will be eligible for payment in 2010. A payment from Irish PLR is expected before the end of 2009 and will be made directly through the Library Council. www.plr.ie

If you receive PLR payments from ICLA for the UK and Dutch schemes, you will continue to receive these payments in the usual way in February 2010.

We are also in the process of negotiating agreements with the German and French schemes.

Google Book Settlement Update

Google Fairness Hearing Postponed
The Fairness Hearing concerning the Google Settlement terms that was due to proceed in a New York court next month has been postponed. A status conference will be held instead on the 7th October to determine how the case should be approached.

Last week the US Department of Justice requested that the Settlement should not go through in its current form, recommending that it be brought into line with US copyright and anti-trust laws.

Judge Chin said, “under the circumstances, it makes no sense to conduct a hearing on the fairness and reasonableness of the current settlement agreement, as it does not appear that the current settlement will be the operative one.”

Among the many bodies that have contested the Settlement in its current form are the Authors Guild, American Association of Publishers, Amazon, Yahoo and Microsoft. Main concerns centre around Google’s potential power of controlling book prices and the issue of Google’s exclusive control over orphaned works in which the rights holder cannot be traced.


Google Book Settlement
In 2004 Google first announced its intention to undertake a massive project to digitise books and make them available to users. Academic libraries, including Harvard and Oxford, entered into partnerships with Google to digitise the libraries’ collections of works. However, in many cases the digitisation was done without the permission of the copyright owner.

In 2005, the Authors Guild of America and certain authors and publisher representatives of the Association of American Publishers separately sued Google for copyright infringement.

In 2008, the parties reached a settlement agreement, which, if approved by the court in a hearing scheduled for June 11th 2009, may affect almost every book in the world, and consequently, almost every copyright owner (creator, publisher, heir or other rightsholder) who has copyright in one or more books. In fact, the settlement notice advised copyright owners to “assume that you own a U.S. copyright interest in your book”. If this applies to you, you are considered part of the settlement class for this agreement.

What does the Settlement Agreement cover?
The settlement would allow Google, on a non-exclusive basis, to digitise nearly every book ever published before January 5th, 2009. This is literally millions of works, and most likely will include your works.

For further information please contact us info@icla.ie. or go to the settlement website www.googlebooksettlement.com


Public Lending Right
Public Lending Right in Ireland was established by the Copyright and Related Rights (Amendment) Act 2007. The Act enables the Minister for the Environment, Heritage and Local Government to establish a Public Lending Remuneration scheme. The regulations establishing the scheme, S.I. No. 597 of 2008, were signed on 31st December 2008.

Information about the scheme is available at www.plr.ie

International Digital Repertoire
ICLA are pleased to announce that the repertoire covered by the scanning section of our licences will extend to cover UK, US, Spanish, South African and Danish works from 1st January 2009.

New Licence Period for Primary Schools
The new licence period for the ICLA primary school licence commences on 1st November 2008. Renewal notices will be sent out during October 2008. If you have a new school opening during this period, please contact our licensing officer.

Public Lending Right is now law
The Copyright Bill 2007 was passed on 28th November 2007 and provides the legal framework for a Public Lending Right Scheme to remunerate authors whose books are borrowed through public libraries. It is now up to the Minister for Environment, Heritage & Local Government to make regulations implementing the scheme.

Legal Deposit
Section 198 of the Copyright & Related Rights Act 2000 was commenced on 1st May 2007. This section gives details of publishers' obligations to deposit copies of works first published in Ireland with various libraries.

Introduction of Artists’ Resale Right
ICLA welcomed the introduction by Statutory Instrument of the Artists’ Resale Right in June 2006 and looks forward to imminent full implementation of the right. This right is being primarily managed by IVARO (www.ivaro.ie).

Extension of Educational Licence to include limited digital uses
From September 2006, ICLA is offering an extension to the digital licence for post primary schools to cover scanning of Irish Licensing Material to a closed access intranet. To take out this extension please download two copies of the Digital Extension and return to us at 25 Denzille Lane, Dublin 2.

Extension of Educational Licence to include Artistic Works
From September 2006, ICLA is delighted to announce the inclusion of artistic works in Licenced Material in the Educational Licence. For further information please contact licensing@icla.ie.

Increase in Post Primary Licence Fee
The licence fee for the academic year 2008/2009 is .50c per pupil plus VAT @ 21% as agreed with the management bodies of the post-primary schools. There have been two previous agreed increases for the academic years 2007/2008 to .40c plus VAT and 2006/2007 to .30c plus VAT. The fee will stay at .50c plus VAT for the academic year 2009/2010.

Increase in Primary Licence Fee
The licence fee for the licence period 1st October 2005 to 30th September 2008 is now .60c per pupil plus VAT at 21% as agreed with the management boards of the primary schools.

Extension of the HE Licence to cover Digital Uses
From January 2006, ICLA's HE Licence had the option of a Digital Licence Extension. This extension allows scanning of Irish Licenced Materials for use on a closed access intranet or virtual learning environments. For further information please contact licensing@icla.ie.

Launch of Irish Visual Artists’ Rights Organisation
ICLA together with the Sculptors’ Society of Ireland and the Copyright Association of Ireland are supporting the creation of IVARO, a collecting society for visual artists in Ireland. For further information, contact artist@icla.ie or www.ivaro.ie. IVARO was launched on Saturday 25th June 2005 at the Project Arts Centre in Dublin.