The Authors Guild et al v. Google Inc.

Filing 68

MEMORANDUM OF LAW in Support re: 67 MOTION to Approve Claim Forms / Notice of Motion on Consent for Approval of Claim Forms. / Memorandum of Law in Support of Motion on Consent for Approval of Claim Forms. Document filed by Association of American Publishers, Inc., The McGraw-Hill Companies, Inc., Pearson Education, Inc., Simon & Schuster, Inc., John Wiley & Sons, Inc.. (Attachments: # 1 Part 2 of 4, # 2 Part 3 of 4, # 3 Part 4 of 4)(Keller, Bruce)

The Author's Guild et al v. Google Inc. Doc. 68 Bruce P. Keller (BK9300) DEBEVOISE & PLIMPTON LLP 919 Third Avenue New York, NY 10022 Michael J. Boni, Esq. Joanne Zack, Esq. Joshua D. Snyder, Esq. BONI & ZACK LLC 15 St. Asaphs Road Bala Cynwyd, PA 19004 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------x : The Authors Guild, Inc., Association of American : Publishers, Inc., et al., : : Plaintiffs, : : v. : : Google Inc., : : Defendant. ------------------------------------------------------------------------x Case No. 05 CV 8136-JES MEMORANDUM OF LAW IN SUPPORT OF MOTION ON CONSENT FOR APPROVAL OF CLAIM FORMS ECF CASE Counsel for the Author Sub-Class and counsel for the Publisher Sub-Class ("Counsel"), with the consent of counsel for Google Inc., submit this motion, pursuant to Federal Rule of Civil Procedure 23(e), for approval of the Claim Forms for the Settlement Class. 1. This is a class action in which plaintiffs allege that Google violated the copyrights of authors, publishers and other owners of U.S. copyrights in books and other writings by digitizing them, creating an electronic database of books, and displaying short excerpts without the copyright owners' permission. Dockets.Justia.com 2. A proposed settlement of the lawsuit (the "Settlement") was reached on behalf of a class of all owners of U.S. "Copyright Interests" in "Books" and "Inserts" published on or before January 5, 2009, as those terms are defined in the Settlement Agreement. 3. Judge Sprizzo preliminarily approved the Settlement in an Order dated November 14, 2008. See Exhibit A (the "Preliminary Approval Order"). The substantial benefits the Settlement offers to class members and to the public are more fully described in pages 8 through 13 of the memorandum of law filed in support of Plaintiffs' Motion for Preliminary Settlement Approval. 4. To assure the best notice practicable of this Settlement to class members around the world, a comprehensive, multi-national Notice program has been established. This Notice program includes the publication of a summary notice in 375 publications, the emailing and/or mailing of a long form notice to many thousands of potential class members, and the creation of a claims website and paper claim forms (each translated into dozens of languages). 5. Paragraph 16 of the Preliminary Approval Order provides that the date on which Notice shall commence is January 5, 2009. Paragraph 18 provides that all publication and other Notice must be completed by February 27, 2009. Paragraph 21 provides that the Opt-Out Deadline will be May 5, 2009. Paragraph 10 provides that the Final Fairness Hearing will be held on June 11, 2009. 2 The Reason for the Request to Approve the Claim Forms 6. At the time the Preliminary Approval Order was submitted to the Court, the parties still were developing the details of the claiming process and Claim Forms. Accordingly, paragraph 14 of the Preliminary Approval Order requires that, before dissemination of the Notice to the Settlement Class can begin on January 5, 2009, "Class Counsel shall submit to the Court for approval as to form and content the Claim Forms to be included with the Notice." See Exhibit A, 14. 7. It is appropriate to analyze the form and content of the Claim Forms under the standards that govern notice under Rule 23. Although they are distinct from the Notice, the Claim Forms also should, to a certain extent, "fairly apprise the prospective members of the class of the terms of the proposed settlement and of the options that are open to them in connection with the proceedings." Wal-Mart Stores, Inc. v. Visa U.S.A. Inc., 396 F.3d 96, 114 (2d Cir. 2005) (quotation, citation omitted). The standard to be applied is one of "reasonableness." Id. at 113. 8. The proposed Claim Forms are eminently fair and reasonable in both their paper and online forms because they capture and convey, in a clear and concise manner, the options available to class members under the Settlement. The proposed Claim Forms provide an efficient mechanism by which class members can identify their works, claim Cash Payments and manage their Books and Inserts, including the ability to choose whether to exclude a particular Book from Display Uses or Remove that Book from all uses by Google. The proposed Claim Forms also contain contact information for Class 3 Counsel and the claims administrator, so that class members can obtain additional information about the Settlement. 9. In addition, the proposed Claim Forms will be translated into more than 30 languages and be made available worldwide, in both paper and online versions. 10. Accordingly, Counsel respectfully request that paper claim forms and website claiming screens be approved, as to form and content, substantially in the form attached hereto as Exhibits B and C. Counsel have worked extensively with Rust Consulting, Inc., a highly experienced claims administrator (the "Settlement Administrator"), in creating these forms. Counsel have also worked extensively with Google, to create the online claiming process, which the Settlement Administrator will maintain with technical support and hosting provided by Google Inc. 11. Counsel for Google has authorized the undersigned to state that Google Inc. supports this motion. 4 For the foregoing reasons, Counsel respectfully request that the Court approve for distribution to the Settlement Class, in substantially their current form and content, the Claim Forms attached as Exhibits B (paper) and C (website). Dated: December 18, 2008 /s/ Michael J. Boni Michael J. Boni (pro hac vice) Joanne Zack (JZ6432) Joshua D. Snyder BONI & ZACK LLC 15 St. Asaphs Rd. Bala Cynwyd, PA 19004 MBoni@bonizack.com JZack@bonizack.com JSnyder@bonizack.com Attorneys for Plaintiffs The Authors Guild, Inc., Herbert Mitgang, Betty Miles, Daniel Hoffman, Paul Dickson, Joseph Goulden and the Author Sub-Class /s/ Bruce P. Keller Bruce P. Keller (BK9300) DEBEVOISE & PLIMPTON LLP 919 Third Avenue New York, NY 10022 bpkeller@debevoise.com Attorneys for Plaintiffs The McGraw-Hill Companies, Inc., Pearson Education, Inc., Penguin Group (USA) Inc., Simon & Schuster, Inc., John Wiley & Sons, Inc,. Association of American Publishers, Inc. and the Publisher Sub-Class 5 Exhibit A Case 1:05-cv-08136-JES Document 64 Filed 11/17/2008 Page 1 of 9 Case 1:05-cv-08136-JES Document 64 Filed 11/17/2008 Page 2 of 9 Case 1:05-cv-08136-JES Document 64 Filed 11/17/2008 Page 3 of 9 Case 1:05-cv-08136-JES Document 64 Filed 11/17/2008 Page 4 of 9 Case 1:05-cv-08136-JES Document 64 Filed 11/17/2008 Page 5 of 9 Case 1:05-cv-08136-JES Document 64 Filed 11/17/2008 Page 6 of 9 Case 1:05-cv-08136-JES Document 64 Filed 11/17/2008 Page 7 of 9 Case 1:05-cv-08136-JES Document 64 Filed 11/17/2008 Page 8 of 9 Case 1:05-cv-08136-JES Document 64 Filed 11/17/2008 Page 9 of 9 Exhibit B GooGle Book SeARCH SeTTleMeNT ClAIM FoRM FoR MeMBeRS oF THe AUTHoR SUB-ClASS Please review the Notice before completing this Claim Form. The Notice explains the terms used in this Claim Form. If at any time you have questions, go to www.googlebooksettlement.com or call 1-888-356-0248 (U.S.A.) This Claim Form may be mailed at anytime. However, to be eligible for a Cash Payment, your Claim Form must be mailed on or before January 5, 2010. Settlement Administrator c/o Rust Consulting, Inc. P.O. Box 9364 Minneapolis, MN 55440-9364 UNITed STATeS OF AMeRICA The easiest way to claim and manage your Books and Inserts is online at www.googlebooksettlement.com. Claim Form Contents Section I - Contact Information: Provide your contact information. Section II - Claim Your Books: Provide information for all Books for which you own a U.S. copyright interest. Section III - Manage Your Commercially Unavailable/Out of Print Books Section IV - Claim and Manage Your Inserts: Provide the requested information for all Inserts for which you own a U.S. copyright interest. Section V - Certification: This Claim Form must be signed. SeCTIoN I - CoNTACT INFoRMATIoN Please provide your contact information. Type or print your response clearly in the space provided. 1 2 3 4 5 6 7 8 9 Given/First Name Middle Name Family/Last Name Address State/Province/Region Postal/Zip code Countr y/ Territor y Telephone E-mail Address This information is not required to complete your claim, but may be required by the Registry prior to issuing any payments to you. 10 Tax Identification Information oS. Tax Identification Number (e.g., SSN/ITIN/EIN): U. o n-U.S. Tax Identification Number: No o not to give this information at this time. I elect Country: 11 Preferred Method of Communication with Settlement Administrator o ail Em olephone Te oostal Mail P Page 1 of 6 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information SeCTIoN II - ClAIM YoUR BookS For each Book that you are claiming, please provide as much information as you can. The Settlement Administrator will notify you if it needs further information from you. T I T le Title of the Book enter "ISBN" or "LCCN" (if you know) If imprint is not available, enter publisher name (if you know) Year of first publication (if you know) AUTHoR I d e N T I FI e R IMpRINT Y e AR RI G H T S Have the rights reverted to you (or your predecessor in interest) from the publisher? enter author and include co-authors and contributors 1 o Yes o No o I Don't Know o Yes o No o I Don't Know o Yes o No o I Don't Know o Yes o No o I Don't Know o Yes o No o I Don't Know o Yes o No o I Don't Know o Yes o No o I Don't Know o Yes o No o I Don't Know o Yes o No o I Don't Know o Yes o No o I Don't Know Page 2 of 6 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information 2 3 4 5 6 7 8 9 10 Use Additional Pages If You Are Claiming More Than 10 Books S eCTIoN III - MANAGe YoUR CoMMeRCIAllY UNAVAIlABle/oUT oF pRINT BookS For each of the Commercially Unavailable/Out of Print Books listed in Section II, please indicate on the form below if you wish to (1) Specify a consumer sale price for the Book (if you do not specify a sale price, Google will use a Settlement Controlled Price); (2) Exclude the Book from some or all Display Uses and other uses; or (3) Remove the Book from the Google Library Project, Library Digital Copies and Research Corpus. Also, indicate whether you have other rights in the Book. If you claim Commercially Available/In Print Books, the Settlement Administrator will contact you to discuss your options. If you do not know if your Books are Commercially Unavailable/Out of Print or Commercially Available/In Print, please contact the Settlement Administrator. If you want to exclude only a portion of the Book, attach a separate page identifying that portion. eXClUde BookS FRoM dISplAY ANd oTHeR USeS EXCLUDE BOOK FROM INSTITUTIONA L SUBSCRIPTIONS (If you exclude, the Book will also be excluded from Consumer Book Sales.) (If you exclude, the Book will also be excluded from Institutional Subscriptions and Consumer Book Sales.) ReMoVAl oTHeR RIGHTS The numbers below correspond to the Book listed in the corresponding line number in Section II CONSUMER SA LE PRICE EXCLUDE BOOK FROM CONSUMER BOOK SALES EXCLUDE BOOK FROM PUBLIC ACCESS SERVICE EXCLUDE BOOK FROM PR EV IEw USE EXCLUDE BOOK FROM SNIPPET DISPLAY EXCLUDE EXCLUDE CHECK BOX IF BOOK FROM BOOK FROM EXCLUDE YOU wANT TO FRONT BOOK FROM BOOK REMOVE MATTER A DV ERTISING ANNOTATION BOOK DISPLAY SHARING CHECK BOX IF YOU OwN THE wORLD wIDE RIGHTS IN THE BOOK CHECK BOX IF YOU OwN THE RIGHTS TO ALL OF THE PICTORIAL wORKS IN THE BOOK 1 $ o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 2 $ o 3 $ o 4 $ o 5 $ o 6 $ o 7 $ o 8 $ o 9 $ o 10 $ o Use Additional Pages If You Are Claiming More Than 10 Books Page 3 of 6 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information SeCTIoN IV - ClAIM ANd MANAGe YoUR INSeRTS For each Insert that you are claiming, please provide as much information about the Books (and government works and public domain books) in which your Inserts appear. If you do not have information about the books in which your Inserts appear, or you do not know whether your work is an Insert, you may visit www.googlebooksettlement.com or call 1-888-356-0248 (U.S.A.) for further information on how you can identify and claim your Inserts. The Settlement Administrator will notify you if it needs further information from you. T I T le Title of book containing your Insert (if you know) enter "ISBN" or "LCCN" of book (if you know) If imprint is not available, enter publisher name (if you know) AUTHoR I d e N T I FI e R IMpRINT Y e AR Year of first publication (if you know) enter author of book and include co-authors and contributors (if you know) 1 2 3 4 5 6 7 8 9 10 Page 4 of 6 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information Use Additional Pages If You Are Claiming More Than 10 Inserts S eCTIoN IV - ClAIM ANd MANAGe YoUR INSeRTS Ple a se describe your Inserts below. Check the box if you want to exclude your Insert from all Display Uses. If you want to exclude only a portion of an Insert, attach a separate page identifying that portion. e XClUde TYpe oF INSeRT FRoM loCATIoN IN Book deSCRIpTIoN oF INSeRT INSeRT All dISplAY USeS Provide the title of the Insert if one exists. For example, if you are claiming an entire Insert, provide the title of the Insert, such as the poem title, song title, or the title of a short story, essay, or newspaper or magazine article. If no title exists, provide a short description of the Insert. Check only if you want your Insert excluded from all Display Uses. (You may not exclude Inserts from less than all Display Uses.) The numbers below correspond to the line numbers on the previous page Pages, chapters (if you know) 1 o o o o o o o o o o Page 5 of 6 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information 2 3 4 5 6 7 8 9 10 o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial SeCTIoN V - CeRTIFICATIoN By certifying below, you will be entitled to receive some or all of the Cash Payment for each of your Books and Inserts that Google has digitized without permission on or before May 5, 2009, and you may manage and receive revenues for Google's use of your Books and Inserts. I certify that: 1. I hold a U.S. copyright interest in the Books and Inserts for which I have asserted rights above, 2. none of the Books or Inserts are works for hire, 3. all of the Books and Inserts, if United States works, were registered with the United States Copyright Office on or before January 5, 2009 (and, if Inserts from United States works, the works, alone or as part of another work, were registered by such date), 4. use of any Inserts claimed required my permission and I did not give permission for their online use after June 1, 2003, and 5. all of the information submitted on this Claim Form is true to the best of my knowledge, information and belief. Signature: date: You do not need to do anything further at this time. The Settlement Administrator will contact you: 1. with a report of the Commercial Availability classification of your Books (and, if you disagree, how you can take steps to challenge the classification of your Books); 2. if it needs further information from you; 3. if any of your Books or Inserts are eligible for a Cash Payment; 4. if there are other claimants to the Books and Inserts that you have claimed; and 5. to discuss any other rights and options you may have with regard to your claimed Books and Inserts. It will take considerable time for the Settlement benefits to become available. Please be patient, and visit www.googlebooksettlement.com for updates. The easiest way to claim and manage your Books and Inserts is online at www.googlebooksettlement.com. Page 6 of 6 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information GooGle Book SeARCH SeTTleMeNT ClAIM FoRM FoR MeMBeRS oF THe PUBlISHeR SUB-ClASS Please review the Notice before completing this Claim Form. The Notice explains the terms used in this Claim Form. If at any time you have questions, go to www.googlebooksettlement.com or call 1-888-356-0248 (U.S.A.) This Claim Form may be mailed at anytime. However, to be eligible for a Cash Payment, your Claim Form must be mailed on or before January 5, 2010. Settlement Administrator c/o Rust Consulting, Inc. P.O. Box 9364 Minneapolis, MN 55440-9364 UNITed STATeS OF AMeRICA The easiest way to claim and manage publisher's Books and Inserts is online at www.googlebooksettlement.com. Claim Form Contents Section I - Contact Information: Provide your contact information. Section II - Claim Your Books: Provide information for all Books for which publisher owns a U.S. copyright interest. Section III - Manage Publisher's Commercially Available/In Print Books Section IV - Manage Publisher's Commercially Unavailable/Out of Print Books Section V - Manage Publisher's Inserts: Provide the requested information for all Inserts for which publisher owns a U.S. copyright interest. Section VI - Certification: This Claim Form must be signed. SeCTIoN I - CoNTACT INFoRMATIoN Please provide your contact information. Type or print your response clearly in the space provided. Company Information 1 2 3 4 5 6 Name of Company Ad d r e s s 1 Ad d r e s s 2 City State/Province/Region Postal/Zip code Countr y/ Territor y 1 2 3 4 5 6 This person is the Registry's contact person at this publisher Given/First Name Middle Name (Optional) Family/Last Name Title at company Telephone Email Address Preferred Method of Communication with Settlement Administrator Contact Information 7 7 o ail Em olephone Te oostal Mail P TA x IdeNTIFICATIoN INFoRMATIoN This information is not required to complete publisher's claim, but may be required by the Registry prior to issuing any payments to publisher. 1 Publisher Tax Identification Information oS. Tax Identification Number (e.g., SSN/ITIN/EIN): U. o n-U.S. Tax Identification Number: No o blisher elects not to give this information at this time. Pu Country: Page 1 of 8 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information SeCTIoN II - ClAIM BookS For each Book that publisher is claiming, please provide as much information as you can. The Settlement Administrator will notify you if it needs further information. T I T le enter "ISBN" or "LCCN" (if you know) If imprint is not available, enter publisher name Year of first publication (if you know) Is the Book a work for hire? (A work for hire is a book in which the author never had a copyright interest.) Indicate if you are highly confident or confident the rights to the Book have not reverted AUTHoR I d e N T I FI e R IMPRINT Y e AR WoRk FoR HIRe RI G H T S AvAIl ABIlIT Y Indicate if the Book you are claiming is commercially available or commercially unavailable. enter author and include co-authors and contributors Title of the Book 1 o Yes o No o Yes o No o Yes o No o Yes o No o Yes o Commercially Available o Commercially Unavailable o Commercially Available o Commercially Unavailable 2 o Highly Confident o Confident o Highly Confident o Confident o Highly Confident o Confident o Highly Confident o Confident 3 o Commercially Available o Commercially Unavailable o Commercially Available o Commercially Unavailable o No 4 5 o Highly Confident o Confident o Yes o No o Yes o Commercially Available o Commercially Unavailable o Highly Confident o Confident o No 6 o Commercially Available o Commercially Unavailable o Highly Confident o Confident o Yes o No o Yes o No o Yes o No o Highly Confident o Confident o Highly Confident o Confident o Highly Confident o Confident o Commercially Available o Commercially Unavailable o Commercially Available o Commercially Unavailable o Commercially Available o Commercially Unavailable o Commercially Available o Commercially Unavailable 7 8 9 10 Use Additional Pages If You Are Claiming More Than 10 Books Page 2 of 8 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information SeCTIoN III - MANAGe PUBlISHeR'S CoMMeRCIAllY AvAIlABle/IN PRINT BookS For each of the Commercially Available/In Print Books listed in Section II, please indicate on the form below if publisher wishes to (1) Specify a consumer sale price for the Book (if you do not specify a sale price, Google will use a Settlement Controlled Price); (2) Include the Book in some or all Display Uses and other uses; or (3) Remove the Book from the Google Library Project, Library Digital Copies and Research Corpus. Also, indicate whether publisher has other rights in the Book. To manage Commercially Unavailable/Out of Print Books, please turn to Section IV. INClUde BookS IN dISPlAY ANd oTHeR USeS ReMovAl oTHeR RIGHTS T h e numbers below correspond to the Book listed in the corresponding line numbers in Section II INCLUDe BOOK IN A LL CONSUMeR DISPLAY USeS (Check either SA Le PRICe this box or one or more of the boxes in columns to the right) INCLUDe BOOK IN CONSUMeR BOOK SALeS INCLUDe BOOK IN INSTITUTIONA L SUBSCRIPTIONS INCLUDe BOOK IN A DV eRTISING INCLUDe INCLUDe INCLUDe BOOK IN BOOK IN BOOK IN PUBLIC PR eV Iew SNIPPeT ACCeSS USe DISPLAY SeRVICe INCLUDe BOOK IN FRONT MATTeR DISPLAY INCLUDe BOOK IN BOOK ANNOTATION SHARING CHeCK BOX IF PUBLISHeR wANTS TO ReMOVe BOOK CHeCK BOX IF PUBLISHeR OwNS THe wORLD wIDe RIGHTS IN THe BOOK CHeCK BOX IF PUBLISHeR OwNS THe RIGHTS TO ALL OF THe PICTORIAL wORKS IN THe BOOK 1 $ o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 2 $ o 3 $ o 4 $ o 5 $ o 6 $ o 7 $ o 8 $ o 9 $ o 10 $ o Use Additional Pages If You Are Claiming More Than 10 Books Page 3 of 8 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information SeCTIoN Iv - MANAGe PUBlISHeR'S CoMMeRCIAllY UNAvAIlABle/oUT oF PRINT BookS For each of the Commercially Unavailable/Out of Print Books listed in Section II, please indicate on the form below if publisher wishes to (1) Specify a consumer sale price for the Book (if you do not specify a sale price, Google will use a Settlement Controlled Price); (2) exclude the Book from some or all Display Uses and other uses; or (3) Remove the Book from the Google Library Project, Library Digital Copies and Research Corpus. Also, indicate whether publisher has other rights in the Book. If publisher wants to exclude only a portion of a book, attach a separate page identifying that portion. exClUde BookS FRoM dISPlAY ANd oTHeR USeS ReMovAl oTHeR RIGHTS T h e numbers below correspond to the Book listed in the corresponding line numbers in Section II CONSUMeR SA Le PRICe eXCLUDe BOOK FROM A DV eRTISING eXCLUDe BOOK FROM CONSUMeR BOOK SALeS eXCLUDe BOOK eXCLUDe BOOK FROM FROM INSTITUTIONA L PUBLIC ACCeSS SeRVICe SUBSCRIPTIONS (If you exclude, (If you exclude, the Book will the Book will also also be excluded be excluded from from Institutional Subscriptions and Consumer Book Consumer Book Sales.) Sales.) eXCLUDe BOOK FROM PR eV Iew USe eXCLUDe BOOK FROM SNIPPeT DISPLAY eXCLUDe BOOK FROM FRONT MATTeR DISPLAY eXCLUDe BOOK FROM BOOK ANNOTATION SHARING CHeCK BOX IF PUBLISHeR wANTS TO ReMOVe BOOK CHeCK BOX IF PUBLISHeR OwNS THe wORLD wIDe RIGHTS IN THe BOOK CHeCK BOX IF PUBLISHeR OwNS THe RIGHTS TO ALL OF THe PICTORIAL wORKS IN THe BOOK 1 $ o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o 2 $ o 3 $ o 4 $ o 5 $ o 6 $ o 7 $ o 8 $ o 9 $ o 10 $ o Use Additional Pages If You Are Claiming More Than 10 Books Page 4 of 8 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information THIS PAGe IS INTeNTIONALLY LeFT BLANK Page 5 of 8 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information SeCTIoN v - ClAIM ANd MANAGe PUBlISHeR'S INSeRTS For each Insert that publisher is claiming, please provide as much information about the Books (and government works and public domain books) in which publisher's Inserts appear. If you do not have information about the books in which publisher's Inserts appear, or you do not know whether publisher's work is an Insert, you may visit www.googlebooksettlement.com or call 1-888-356-0248 (U.S.A.) for further information on how publisher can identify and claim publisher's Inserts. The Settlement Administrator will notify you if it needs further information from you. T I T le Title of book containing publisher's Insert (if you know) enter "ISBN" or "LCCN" of book (if you know) If imprint is not available, enter publisher name AUTHoR I d e N T I FI e R IMPRINT Y e AR Year of first publication (if you know) enter author of book and include co-authors and contributors (if you know) 1 2 3 4 5 6 7 8 9 10 Use Additional Pages If You Are Claiming More Than 10 Inserts Page 6 of 8 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information SeCTIoN v - ClAIM ANd MANAGe PUBlISHeR'S INSeRTS Ple a se describe below publisher's Inserts claimed on prior page. Check the box if you want to exclude publisher's Insert from all Display Uses. If publisher wants to exclude only a portion of an Insert, attach a separate page identifying that portion. e xClUde TYPe oF INSeRT FRoM loCATIoN IN Book deSCRIPTIoN oF INSeRT INSeRT All dISPlAY USeS Provide the title of the Insert if one exists. For example, if publisher is claiming an entire Insert, provide the title of the Insert, such as the poem title, song title, or the title of a short story, essay, or newspaper or magazine article. If no title exists, provide a short description of the Insert. Check only if publisher wants its Insert excluded from all Display Uses. (Publisher may not exclude Inserts from less than all Display Uses.) T h e numbers below correspond to the Insert listed in the corresponding line numbers on the previous page Pages, chapters (if you know) 1 o o o o o o o o o o Page 7 of 8 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information 2 3 4 5 6 7 8 9 10 o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial o Entire o Partial SeCTIoN vI - CeRTIFICATIoN By certifying below, publisher will be entitled to receive some or all of the cash payment for each of publisher's books and Inserts that Google has digitized without permission on or before May 5, 2009, and publisher may manage and receive revenues for use of its books and Inserts. I certify that: 1. publisher owns a U.S. copyright interest in the books and Inserts for which rights have been asserted above, 2. all of the books and Inserts, if United States works, were registered with the United States Copyright Office on or before January 5, 2009 (and, if Inserts from United States works, the works, alone or as part of another work, were registered by such date), 3. use of any Inserts claimed required publisher's permission and publisher did not give permission for their online use after June 1, 2003, and 4. all of the information submitted on this Claim Form is true to the best of publisher's knowledge, information and belief. Signature: date: You do not need to do anything further at this time. The Settlement Administrator will contact you: 1. with a report of the Commercial Availability classification of publisher's Books (and, if publisher disagrees, how it can take steps to challenge the classification of publisher's Books); 2. if it needs further information from publisher; 3. if any of publisher's Books or Inserts are eligible for a Cash Payment; 4. if there are other claimants to the Books and Inserts that publisher has claimed; and 5. to discuss any other rights and options publisher may have with regard to publisher's claimed Books and Inserts. It will take considerable time for the Settlement benefits to become available. Please be patient, and visit www.googlebooksettlement.com for updates. The easiest way to claim and manage publisher's Books and Inserts is online at www.googlebooksettlement.com. Page 8 of 8 Questions? Visit www.googlebooksettlement.com or call 1-888-356-0248 - Please see the Notice for international dialing information