New York — As Google awaits approval of a controversial digital book settlement with authors and publishers, the search giant now faces another potential setback and delays as several groups representing photographers and illustrators prepare to file a fresh class action lawsuit against the company on Wednesday, alleging that its campaign to digitize millions of library books amounts to a large-scale infringement of their copyrights, The New York Times reported.
On Wednesday, the American Society of Media Photographers and several other related trade groups representing visual artists plan to file a class-action lawsuit against Google, in the US District Court for the Southern District of New York.
The lawsuit, according to some aspects, reflects the complaints filed in 2005 by the Authors Guild and the Association of American Publishers when they first opposed Google’s library project on copyright grounds.
“Google is digitizing books and publications with visual images, which impedes the rights of the copyright holders of those images. We are seeking compensation for that,” said James McGuire, founding partner of law firm Mishcon de Reya, who is leading the case.
“We are demanding justice and fair compensation for visual artists whose work appears in the 12 million books and other publications Google has illegally scanned to date,” said Victor Perlman, general counsel for the American Society of Media Photographers.
This new lawsuit indicates a fresh legal headache for Google just as the company was edging closer to settling its six-year battle over the Library Project. Google, in 2008 managed an out-of-court settlement with the plaintiffs, led by the US Authors’ Guild, which meant it would pay authors and publishers a share of any revenues Google made from scanned books.
Those groups have since reached an extensive $125 million settlement that, if approved, would allow Google to make available and sell digital copies of millions of out-of-print books. The settlement would also entitle authors and publishers new ways to make money from digital copies of their work.
“We are not attemptin to crash the party or influence what is happening with the other class action. We are just trying to get the best possible result for this class of plaintiffs,” McGuire said.
McGuire said losses to photographers and illustrators were likely to be “quite substantial” although it was hard to quantify an exact figure.
However, the arrangement was challenged on competition and privacy grounds, and more than 6,500 authors have opted out of the agreement. A judge is expected to rule imminently on whether the settlement will be allowed.
Other groups joining the class action include the Graphic Artists Guild, the North American Nature Photography Association and the Professional Photographers of America, the Picture Archive Council of America, as well as the Professional Photographers and Illustrators of America.
“Google is trying to command or expand access to virtually all information in the world,” said Scott Moss, an associate professor at the University of Colorado Law School. “It is not surprising that their settlement with written authors does not end all their legal battles.”
Professor Moss said that while Google would have to contend with the allegations made by the photographers and graphic artists, the new case was not likely to delay or otherwise affect the company’s settlement with authors and publishers.
Judge Denny Chin, of United States District Court for the Southern District of New York is expected to rule on the validity of the proposed settlement in the coming months.
Google has also faced European objection to its book scanning project. A French court in December ordered Google to pay €300,000 ($410,000) in damages to three publishers whose works it had scanned without permission, and to stop digitizing books without approval. Google is appealing against the judgment, but could face a second lawsuit from a number of other French publishers.
Google might have managed to pull a line under the issue as early as this summer. Although this fresh class action lawsuit could mean several more years in court.