Noam Cohen, A Google Search of a Distinctly Retro Kind, New York Times, Mar. 3, 2009, C1.
The Google Book Search Project hopes to digitize every book in any language in the world’s literature. As part of a $125 million class action settlement Google will create a system where customers will pay to read a copyrighted book, with Google and the author taking a percentage. The author will also receive a flat fee for the initial scanning and can opt out of the system. To find these authors who may not have Internet access, Google is spending $7 million on placing at least one print ad in every country of the world in newspapers, magazines, even poetry journals. Under the proposed settlement Google must make reasonable and practicable efforts to find authors and publishers, especially copyright holders of “orphan books” which are still in copyright but long out of print. The due process standard of notice requires attempts that authors who are affected are given advance notice.