In "Access to the Agreement between Google Books and the British Library," Javier Ruiz of the Open Rights Group analyzes the Google Books contract between Google and the British Library (includes a link to contract).

Here's an excerpt:

The British Library recently announced to much fanfare a deal with Google to make available online a quarter of a million books no longer restricted by copyright, thus in the public domain.

The deal is presented as a win-win situation, where Google pays for the costs of scanning the books, which will be available on both Google and BL's websites. This sounds very philanthropic from Google, however the catch is in the detail:

"Once digitised, these unique items will be available for full text search, download and reading through Google Books, as well as being searchable through the Library's website and stored in perpetuity within the Library's digital archive."

In order to find out what this really means we asked the British Library for a copy of the agreement with Google, which was not uploaded to their transparency website with other similar contracts, as it didn't involve monetary exchange.

| Digital Scholarship |

In "Google Books Settlement, 2008-2011," James Grimmelmann analyzes the impact of recent rulings and case resolutions on the Google Book Settlement. The rulings and resolutions are the In re: Literary Works in Electronic Databases Copyright Litigation ruling, the National Music Publishers' Association's resolution of The Football Association Premier League Limited, et al. v. You Tube, Inc. lawsuit (consolidated into Viacom v. YouTube), and the Wal-Mart Stores, Inc. v. Dukes et al. ruling.

Here's an excerpt:

The road to class-wide settlement—even to a much more modest settlement that covers only scanning and searching—now appears to be barred. What is more, in light of the freelancers' case and the Supreme Court's recent Wal-Mart case, the road to class-wide litigation also looks to be extraordinarily difficult. Google will raise many of the same adequacy of representation arguments in its opposition to class certification. It might still be more feasible for a few copyright owners holding large number of copyrights to litigate on an individual basis—but the major publishers, who best fit that bill, have all more or less made their peace with Google through its Partner Program. The odds of the authors being able to see this one through to the end have just dropped precipitously. Google is holding all the cards now, and they're all full houses.

| New: Google Books Bibliography, Version 7 | Digital Scholarship |

John Hilton III and David Wiley have published "Free E-Books and Print Sales" in the latest issue of The Journal of Electronic Publishing.

Here's an excerpt:

Digital technologies now enable books and other digital resources to be openly available to those with access to the Internet. This study examined the financial viability of a religious publisher that put free digital versions of eight of its print books on the Internet. The cost to put these eight books online was $940. Over a 10-week period, these books were downloaded 102,256 times and sales of these books increased 26%. Online sales increased at a much higher rate. Comparisons with historical book sales and sales of comparable titles indicate that this increase may have been connected to the free books being available. There was a modest correlation between book downloads and print sales.

| New: Google Books Bibliography, Version 7 | Digital Scholarship |

Digital Scholarship has released version 7 of the Google Books Bibliography, which presents over 325 selected English-language articles and other works that are useful in understanding Google Books. It primarily focuses on the evolution of Google Books and the legal, library, and social issues associated with it, especially the Google Book Settlement. To better show the development Google Books, it is now organized by year of publication. It primarily includes journal articles, e-prints, magazine articles, and newspaper articles. This version expands coverage of law review articles and legal e-prints. Where possible, links are provided to works that are freely available on the Internet.

The following recent Digital Scholarship publications may also be of interest:

• Digital Curation and Preservation Bibliography 2010. Presents over 500 English-language works.
• Institutional Repository Bibliography, Version 4. Presents over 500 English-language works.
• Scholarly Electronic Publishing Bibliography 2010. Presents over 3,800 English-language works.

| Digital Scholarship | Digital Scholarship Publications Overview |

James Grimmelmann reports that Michael Boni told US District Court Judge Denny Chin at the 7/19/11 status conference that the parties involved in the Google Books lawsuit "have been aiming for an opt-in settlement." The next status conference will occur on 9/15/11.

Here's an excerpt from Grimmelmann's "GBS Status Conference: Opt-in Settlement in the Works?" post:

What that might mean is not obvious. It could mean an actual opt-in settlement, one that binds only class members who send in claim forms. It could mean a settlement in which Google commits to an open-ended offer to all class members. It could mean a narrower, scanning-and-searching-only settlement, so that copyright owners can "opt in" to book sales by striking their own individual deals with Google.

Read more about it at "Judge Concerned with Lack of Progress in Revised Google Settlement Talks."

| Digital Scholarship Publications Overview |

Amazon.com has launched Kindle Textbook Rental.

Here's an excerpt from the press release:

Today, Amazon.com announced the launch of Kindle Textbook Rental—now students can save up to 80% off textbook list prices by renting from the Kindle Store. Tens of thousands of textbooks are available for the 2011 school year from leading textbook publishers such as John Wiley & Sons, Elsevier and Taylor & Francis. Students can find details about the program at www.amazon.com/kindletextbooks. . . .

Kindle Textbook Rental offers the ability to customize rental periods to any length between 30 and 360 days, so students only pay for the specific amount of time they need a book. Students can also easily extend any rental period in increments as small as one day or choose to purchase the book they are renting at any time.

| Digital Scholarship Publications Overview |

Randal C. Picker has self-archived "After Google Book Search: Rebooting the Digital Library" in SSRN.

Here's an excerpt:

The rejection of the Google Book Search settlement means that we are at a point of rebooting how we design our digital library future. There were many criticisms of GBS and the settlement but perhaps chief among those was the risk that approval of the settlement would have locked in a single approach to digital libraries. Google would have received unique access to the so-called orphan works and that would have provided it what may have been a decisive advantage against digital library competitors, both private and public. As we move forward on the orphan works, we need to do so with two principles in mind. First, we need to enable broad competing uses of the orphan works while, to the greatest extent possible, respecting the rights of the orphan works holders. Second, we should not repeat the mistake of the GBS settlement by somehow tilting the table in favor of digital library monopoly, either public or private.

| Digital Scholarship Publications OverviewGoogle Books Bibliography |

The European Commission has launched a public consultation on digital scientific information access and preservation.

Here's an excerpt from the press release:

A public consultation on access to, and preservation of, digital scientific information has been launched by the European Commission on the initiative of European Commission Vice President for the Digital Agenda Neelie Kroes and Commissioner for Research and Innovation, Máire Geoghegan-Quinn. European researchers, engineers and entrepreneurs must have easy and fast access to scientific information, to compete on an equal footing with their counterparts across the world. Modern digital infrastructures can play a key role in facilitating access. However, a number of challenges remain, such as high and rising subscription prices to scientific publications, an ever-growing volume of scientific data, and the need to select, curate and preserve research outputs. Open access, defined as free access to scholarly content over the Internet, can help address this. Scientists, research funding organisations, universities, and other interested parties are invited to send their contributions on how to improve access to scientific information. The consultation will run until 9 September 2011. . . .

Interested parties are invited to express their views on the following key science policy questions:

• how scientific articles could become more accessible to researchers and society at large
• how research data can be made widely available and how it could be re-used
• how permanent access to digital content can be ensured and what barriers are preventing the preservation of scientific output

| Digital Curation and Preservation Bibliography 2010 | Electronic Theses and Dissertations Bibliography | Google Books Bibliography | Institutional Repository Bibliography | Transforming Scholarly Publishing through Open Access: A Bibliography | Scholarly Electronic Publishing Bibliography 2010 | Digital Scholarship Publications Overview |

The Pacific University Libraries and the Robert E. Kennedy Library at California Polytechnic University San Luis Obispo have launched the Journal of Librarianship and Scholarly Communication.

Here's an excerpt from the announcement:

A joint publishing partnership between the libraries at Pacific University (Ore.) and California Polytechnic State University, San Luis Obispo has announced a new open access, peer-reviewed journal dedicated to library-led scholarly communication initiatives, online publishing and digital projects.

The Journal of Librarianship and Scholarly Communication will provide a focused forum for library practitioners to share ideas, strategies, research and pragmatic explorations of library-led initiatives related to such areas as institutional repository and digital collection management, library publishing/hosting services and authors' rights advocacy efforts. As technology, scholarly communication, the economics of publishing, and the roles of libraries all continue to evolve, the work shared in JLSC will inform practices that strengthen librarianship.

Marisa Ramirez (Cal Poly) and Isaac Gilman (Pacific University) will co-edit the journal in collaboration with an editorial board composed of experienced and respected library practitioners.

Founding board members include Allyson Mower (University of Utah), Amy Buckland (McGill University), Ann Lally (University of Washington), Faye Chadwell (Oregon State University), JQ Johnson (University of Oregon), Katherine Johnson (California Institute of Technology), Lisa Schiff (California Digital Library), Michael Boock (Oregon State University), Pamela Bluh (University of Maryland, School of Law), Paul Royster (University of Nebraska), Rebecca Kennison (Columbia University), Sarah Shreeves (University of Illinois at Urbana-Champaign), Shawn Martin (University of Pennsylvania), Susan Wells Parham (Georgia Institute of Technology) and Terry Owen (University of Maryland).

| Digital Curation and Preservation Bibliography 2010 | Institutional Repository Bibliography | Transforming Scholarly Publishing through Open Access: A Bibliography | Scholarly Electronic Publishing Bibliography 2010 |

In this podcast, Pamela Samuelson discusses her 2011 paper "Legislative Alternatives to the Google Book Settlement" with Jerry Brito, Senior Research Fellow at the Mercatus Center at George Mason University.

| Digital Curation and Preservation Bibliography 2010 | Institutional Repository Bibliography | Transforming Scholarly Publishing through Open Access: A Bibliography | Scholarly Electronic Publishing Bibliography 2010 |