“The proposed settlement gives Google rights to scan and provide online access to millions of books, many of which are out-of-print or otherwise not commercially available.” (Note that out-of-print =/= public domain.)
“The Settlement Agreement uses the term Commercially Available, which generally means that a Book is in-print. If a Book is not Commercially Available, that means, in general, that it is Out-of-Print. Google is authorized to make Display Uses and Non-Display Uses of each Book that is not Commercially Available for the term of the U.S. copyright for that Book UNLESS the Rightsholder directs Google not to do so or directs Google to remove the Book.”
The latest twist: “Google’s book project has scanned and digitised millions of out-of-print books and made them searchable online as digital files. Now, it’s enabling web users to make old-fashioned, bound hard copies of these hard-to-find books using a new high-speed, on-demand printer called the Espresso.”
ETA: “And On Demand Books, the Espresso’s maker, potentially could get access to even more hard-to-find books if Google wins court approval of a class-action settlement giving it the right to sell out-of-print books.”
What? Isn’t this Talk Like a Pirate Day?