SGA Withdraws Opposition to Google Book Settlement Following Concessions

The Songwriters Guild of America (SGA), the only music-industry organization in opposition to the Google Book Settlement under consideration by the Federal District Court for the Southern District of New York, announced that it has withdrawn its objections following acceptance of SGA-proposed changes by the parties to the settlement.

“SGA has secured concessions on behalf of the songwriter community that blunt potential negative effects on music creators by the pending settlement between Google and book authors and publishers,” stated SGA President Rick Carnes. “Since no songwriter or other member of the music community participated in the settlement discussions with Google, our aim was to ensure that songwriter rights were not compromised by the settlement, and we believe we have accomplished that.” Carnes said the Author’s Guild, the principal plaintiff in the copyright infringement lawsuit against Google, helped negotiate the “carve out” amendments that SGA requested.

If approved by the court, the settlement would give Google authority to scan books into its search database. Under the new revisions to the settlement, the term “books” has been redefined to exclude any work in which twenty or more percent of the pages consist of twenty or more percent of musical notation or tablature. Further, any “insert” of musical notation or tablature in a book that is not excluded under the above formula will be blocked from inclusion in Google searches without the specific authorization by the copyright owner of such music.

“This revision is a recognition that if Google wants to include musical notation excerpts in its database,” stated Carnes, “it will have to negotiate for those rights directly with those creators and music copyright owners.”

Carnes acknowledged that the SGA sought to further limit stand-alone lyric excerpts and inserts, but because the Google system is maintained electronically, songwriters would not have the ability to secure broader rights under the settlement than that for poets. “We concluded the settlement provides acceptable protection for lyricists for two reasons. First, if the lyric writer does not want his excerpted words subject to search and display, he may opt out of the settlement, or exclude the search and display of lyrics by notifying the Registry, which will direct Google to block excerpts. Second, the settlement prevents Google from raising a fair use argument to avoid its duty under the settlement to follow the lyricist’s exclusion instructions.

“SGA is pleased that it has been able to open a dialog with Google,” asserted Carnes, “and to have negotiated concessions that benefit songwriters and music copyright owners. SGA has served notice that if Google wants to deal in musical works, it is going to have to negotiate directly with the creators and copyright owners of those works. The community of music creators will always seek partners and opportunities, but we speak for ourselves.”