Agreement Ends Four Years of Litigation Over the Inclusion of Visual Works in Google Books

A group of photographers, visual artists and affiliated associations have reached a settlement with Google in a lawsuit over copyrighted material in Google Books. The parties are pleased to have reached a settlement that benefits everyone and includes funding for the PLUS Coalition, a non-profit organization dedicated to helping rightsholders and users communicate clearly and efficiently about rights in works. Further terms of the agreement are confidential.

The agreement resolves a copyright infringement lawsuit filed against Google in April, 2010, bringing to an end more than four years of litigation. It does not involve any admission of liability by Google.

As the settlement is between the parties to the litigation, the court is not required to approve its terms. This settlement does not affect Google’s current litigation with the Authors Guild or otherwise address the underlying questions in that suit.

The plaintiffs in the case are rightsholder associations and individual visual artists. The associational plaintiffs are The American Society of Media Photographers, Inc., Graphic Artists Guild, PACA (Digital Media Licensing Association)., North American Nature Photography Association, Professional Photographers of America, National Press Photographers Association, and American Photographic Artists. The individual plaintiffs are Leif Skoogfors, Al Satterwhite, Morton Beebe, Ed Kashi, John Schmelzer, Simms Taback and Gail Kuenstler Taback Living Trust, Leland Bobbe, John Francis Ficara, and Dave Moser.

The case is American Society of Media Photographers, Inc. et al. v. Google Inc., Case No. 10-CV-02977 (DC) pending in the United States District Court for the Southern District of New York.