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The Google Books app seen on a tablet computer. REUTERS/Beck Diefenbach

Google Book Settlement parties extend deadline for cash claims

2/23/2011 COMMENTS (0)

NEW YORK, Feb 23 (Reuters Legal) - Google Inc. has agreed to extend the deadline by which authors and publishers must file cash claims against it for scanning books without permission.

They will now have until one year after a settlement is approved in a class action brought against Google by the book industry, according to a court filing last Friday.

The parties decided to extend the deadline, previously March 31, because a number of authors and publishers are holding off on filing a claim until Judge Denny Chin decides whether to approve the settlement. "They don't want to incur the time and expense to do it if the court's not going to authorize the settlement," said Michael Boni, who is counsel for the Author's Guild. "Google generously agreed to extend the time."

Cash payments of $60 to $300 for each copyrighted work are part of complex compensation provisions of a proposed settlement that would affect authors and publishers whose works were scanned by Google before May 5, 2009. The proposed settlement also provides opportunities for the parties to share revenue generated by sales, subscriptions and advertising.

Chin granted preliminary approval to the settlement in November of 2009. At a so-called "fairness hearing" in February 2010, a long list of parties, from Microsoft to the National Federation for the Blind, urged Chin to approve or reject the settlement.

"In your typical class action, consumer or securities, the period between preliminary and final approval is 90 days," said Blair Nicholas, a partner at the class action firm Berstein Litowitz. "This is already outside the ordinary period but the more complex the settlement and the more objections that are filed, the more cautious the judge will be in approving the settlement."

The Google Books Settlement came about as a result of tri-partite negotiations that took place between Google, the Authors Guild and a coalition of publishers.

(Reporting by Jeff Roberts)


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