Visual Artists to Sue Google Over Vast Library Project; New York Times, 4/7/10

Miguel Helft, New York Times; Visual Artists to Sue Google Over Vast Library Project:

"As Google awaits approval of a controversial settlement with authors and book publishers, the company’s plan to create an immense digital library and bookstore may face yet another hurdle.
On Wednesday, the American Society of Media Photographers and other groups representing visual artists plan to file a class-action lawsuit against Google, asserting that the company’s efforts to digitize millions of books from libraries amount to large-scale infringement of their copyrights.

The lawsuit, in some respects, mirrors the complaints filed in 2005 by the Authors Guild and the Association of American Publishers when they first opposed Google’s library project on copyright grounds.

Those groups have since agreed to a sweeping $125 million settlement that, if approved, would allow Google to make available and sell digital copies of millions of out-of-print books. The settlement would also give authors and publishers new ways to make money from digital copies of their work.

The photographer group decided to file suit after its efforts to intervene in the settlement were rejected by a court last year. The complaint claims Google’s mass copying efforts infringe on the rights of photographers and other creators of graphic works.

“We are seeking justice and fair compensation for visual artists whose work appears in the 12 million books and other publications Google has illegally scanned to date,” said Victor Perlman, general counsel for the American Society of Media Photographers.

Other groups joining the class action include the Graphic Artists Guild, the North American Nature Photography Association and the Professional Photographers of America, as well as individual photographers and illustrators.

Google’s settlement with authors and publishers largely excluded photographs and other visual works. Legal experts said it was not unexpected that Google would face claims from groups that were not part of the original case and are not covered by it.

“Google is trying to control or expand access to virtually all information in the world,” said Scott Moss, an associate professor at the University of Colorado Law School. “It isn’t surprising that their settlement with written authors doesn’t end all their legal battles.”

Professor Moss said that while Google would have to contend with the allegations made by the photographers and graphic artists, the new case was not likely to delay or otherwise affect the company’s settlement with authors and publishers.

Judge Denny Chin, of United States District Court for the Southern District of New York is expected to rule on the validity of the proposed settlement in the coming months.

The agreement has faced a barrage of opposition from Google rivals like Amazon.com and Microsoft, as well as many academics and legal scholars, representatives of authors and estates, and even some foreign governments. The Justice Department said the settlement posed antitrust and other legal problems.

Unlike the suit by authors and publishers, which focused largely on Google’s scanning of books from libraries, the suit from the photographers and graphic artists includes Google’s “partner program,” under which some publishers allow Google to include their books in the company’s book search service. The new suit claims the program fails to adequately compensate visual artists for the use of their work."

http://www.nytimes.com/2010/04/07/technology/07google.html?scp=1&sq=visual%20artists&st=cse