UPDATE 04/29/09: The Opt-Out Deadline has been extended from May 5, 2009, to September 4, 2009, (now called the Extended Opt-Out Deadline). The Final Fairness Hearing has been rescheduled from June 11, 2009, to October 7, 2009. More info can be found at the official website.

For the benefit of the authors in our reading audience, we have agreed to post information about the Google Book Search Settlement. Any author with a U.S. copyright interest may be affected by the proposed settlement of a class action lawsuit against Google.

The settlement must still be approved by the court at a Fairness Hearing later this year on June 11, but the proposed terms include:

• Google will be authorized to scan in-copyright books and inserts in the United States and maintain an electronic database of books
• Google will be able to sell access to individual out-of-print books and, if permitted by Rightsholders, in-print books
• Google will be able to sell institutional subscriptions to the database, place advertisements on any page dedicated to a book, and make other commercial uses of books — also subject to Rightsholder approval for in-print books
• Google will pay Rightsholders 63% of all revenues from these uses through a Book Rights Registry
• Google establish the Registry and pay $34.5 million to fund its initial operations
• Google will pay at least $45 million in cash payments to Rightsholders of material that Google scans prior to the deadline for opting out of the settlement

If you choose to remain in the settlement, you will be bound by the Court’s rulings, including a release of your claims against Google. Deadlines to participate or opt-out of the settlement are:

May 5, 2009 September 4, 2009 – object to or comment on the settlement in writing
May 5, 2009 September 4, 2009 - opt out of the settlement and keep your right to sue Google individually
January 5, 2010 – file a claim for a cash payment if you are eligible to do so

If you have questions about the settlement, please visit the official Google Book Settlement website where you can view the full text of the settlement. You can also email the Settlement Administrator at BookSettlement@rustconsulting.com or call 1.888.356.0248.