Tag Archives: Settlement

GOOGLE, PHOTOGRAPHERS SETTLE LITIGATION OVER BOOKS

Agreement ends four years of litigation over the inclusion of visual works in Google Books 
 

NEW YORK, NY – September 5, 2014 – A group of photographers, visual artists and affiliated associations have reached a settlement with Google in a lawsuit over copyrighted material in Google Books. The parties are pleased to have reached a settlement that benefits everyone and includes funding for the PLUS Coalition, a non-profit organization dedicated to helping rightsholders and users communicate clearly and efficiently about rights in works.  Further terms of the agreement are confidential.

 

The agreement resolves a copyright infringement lawsuit filed against Google in April, 2010, bringing to an end more than four years of litigation. It does not involve any admission of liability by Google. As the settlement is between the parties to the litigation, the court is not required to approve its terms.  This settlement does not affect Google’s current litigation with the Authors Guild or otherwise address the underlying questions in that suit.

 

The plaintiffs in the case are rightsholder associations and individual visual artists. The associational plaintiffs are The American Society of Media Photographers, Inc., Graphic Artists Guild, PACA (Digital Media Licensing Association)., North American Nature Photography Association, Professional Photographers of America, National Press Photographers Association, and American Photographic Artists. The individual plaintiffs are Leif Skoogfors, Al Satterwhite, Morton Beebe, Ed Kashi, John Schmelzer, Simms Taback and Gail Kuenstler Taback Living Trust, Leland Bobbé, John Francis Ficara, and David W. Moser.

 

The case is American Society of Media Photographers, Inc. et al. v. Google Inc., Case No. 10-CV-02977 (DC) pending in the United States District Court for the Southern District of New York.

 

About Google Inc. and Associational Parties

 

Google is a global technology leader focused on improving the ways people connect with information. Google’s innovations in web search and advertising have made its website a top Internet property and its brand one of the most recognized in the world.

 

Founded in 1944, The American Society of Media Photographers (ASMP) is the premier trade association for the world’s most respected photographers.

 

The Graphic Artists Guild (GAG) is a national union of graphic artists dedicated to promoting and protecting the social, economic and professional interests of its members and for all graphic artists including, animators, cartoonists, designers, illustrators, and digital artists.

 

PACA (Digital Media Licensing Association) is a trade association established in 1951 whose members include more than 80 companies representing the world of digital content licensing.

 

NANPA, the North American Nature Photography Association, is the first and premiere association in North America committed solely to serving the field of nature photography.

 

Professional Photographers of America (PPA) represents more than 17,000 photographers and photographic artists from dozens of specialty areas including portrait, wedding, commercial, advertising and art.

 

Founded in 1946 the National Press Photographers Association (NPPA) is the “voice of visual journalists” promoting and defending the rights of photographers and journalists, including freedom of the press in all its forms.

 

The American Photographic Artists (APA) is a leading national organization run by and for professional photographers.

 

Google is a trademark of Google Inc. All other company and product names may be trademarks of the respective companies with which they are associated.

EU May Revise Google’s Antitrust Settlement

European Union antitrust regulators are preparing to step up their investigations into Google Inc. on several fronts, including revisiting a proposed settlement over its search-engine practices that has met with unprecedented opposition.

The European Commission is likely to revise some terms of the proposed settlement with Google that were announced in February.  See Wall Street Article here.

EU May Revise Google’s Antitrust Settlement, Says Source

By Tom Fairless  from the Wall Street Journal

European Union antitrust regulators are preparing to step up their investigations into Google Inc. on several fronts, including revisiting a proposed settlement over its search-engine practices that has met with unprecedented opposition.

The European Commission is likely to revise some terms of the proposed settlement with Google that were announced in February.

BRUSSELS—European Union antitrust regulators are preparing to step up their investigations into Google Inc. on several fronts, including revisiting a proposed settlement over its search-engine practices that has met with unprecedented opposition.

The European Commission is likely to revise some terms of the proposed settlement announced in February, aimed at dealing with concerns that the company abuses its dominance of online searches in Europe, a person with knowledge of the situation said Tuesday.

A firm decision on whether to revise Google’s proposed commitments will be made in September, the person said.

The admission marks something of an about-face for EU competition chief Joaquín Almunia, who had previously insisted that the commitments agreed by Google were sufficient to meet the EU’s competition concerns.

A final decision on the case may now be taken by Mr. Almunia’s successor after he leaves office in November, the person said.

The European Commission is also deepening a second line of investigation into Google’s business practices relating to its Android operating system for mobile phones. The Commission recently sent out fresh requests for information from handset makers and other interested parties on their dealings with Android, a year after sending out a first batch of questionnaires, the person said.

The Android inquiry isn’t yet a formal investigation, but it is likely to become one, the person said.

The decision to deepen the investigation follows intense opposition to the Commission’s proposed search settlement with Google, both from top European politicians and the companies it was supposed to help. Some of the companies that lodged complaints against Google have said they would prefer no deal to the one negotiated by Mr. Almunia.

The Commission has decided that some concerns raised by complainants in response to letters explaining the EU’s settlement decision may be valid, the person said.

The concerns relate to the possible preferential treatment of Google’s services beyond their visibility on the search page, and the design of an auction mechanism aimed at allowing rivals to bid for better placement on the page. Some new complaints may also be integrated into the case that weren’t previously linked to it, the person said.

A spokesman for Google referred to previous comments that the company has made “significant changes to address the Commission’s concerns, greatly increasing the visibility of rival services and addressing other specific issues.”