Just as settlement of the Google copyright lawsuit seems to be coming to a head as  the judge reviews the voluminous briefs, another body of aggrieved copyright owners has staked a legal claim.  These are photographers and graphic artists whose illustrations, they claim, are not adequately provided for in the case before Judge Denny Chen.

It seems that some publishers permitted Google to include illustrated books in Google’s search program, but the photographers and artists who provided the illustrations say their interests have not been protected.

“Google’s settlement with authors and publishers largely excluded photographs and other visual works,” writes Miguel Helft in the New York Times. “Legal experts said it was not unexpected that Google would face claims from groups that were not part of the original case and are not covered by it.”

“We are seeking justice and fair compensation for visual artists whose work appears in the 12 million books and other publications Google has illegally scanned to date,” the Times article quotes the  general counsel for the American Society of Media Photographers.

We’ll be monitoring this development to see whether Judge Chen will consider folding these new claims into the existing case or rule that they must be pressed in a new and separate court action.

Read details in Visual Artists to Sue Google Over Vast Library Project

And for in-depth coverage of the author and publisher lawsuit against Google and the proposed settlement, you can click here.

Richard Curtis

Every Blogger owes a debt of gratitude to newspapers and magazines. This posting relies on original research and reporting performed by the New York Times.

“I should do a freebie for Google? What’s the matter, do they have a tin cup and an eye patch on the street? F**K NO!”

Though none of the artists solicited to donate their work for nothing to Google Chrome actually said that, they might well have paraphrased Harlan Ellison’s foaming-at-the-mouth rant against Warner Bros. and all other corporate patrons that think they’re doing writers and artists a favor by displaying their work.

Canadian-based illustrator Gary Taxali’s written response to Google was slightly more printable than Ellison’s, but the writer would certainly agree with the graphic one issued by the artist (left). Here’s what Taxali had to say:

DON’T CALL ME
In the last little while, there has been a MAJOR backslide in the industry. Poor rates have been an issue for a while but things are becoming worse. Clients fees are getting even lower and the rights theyre demanding are even higher.

You want examples? How about SWATCH calling me and asking me to design a watch. They wanted a complete transfer of copyright for a paltry fee. As if thats going to happen. Google calls me and wants my work for their new search engine all over the web, the fee? Nothing. Editorial clients are slashing 1999s fees almost in half and citing the bad economy as an excuse. You know what? My excuse is that the economy is bad so you have to pay me MORE for an illustration. Hows that for an economic stimulus package?

So heres to every client with shitty fees and terms. Do not waste my time or contact me. I am very busy working with clients who respect artists and youre wasting my time with your solicitations. So for you, I give you a special salute that I hope will keep you away because I dont need your work.

According to Andrew Adam Newman writing in the New York Times about the Taxali-inspired uprising, his posting on Drawger “drew more than 200 responses, many from other illustrators who also had rejected Google’s offer.” Newman quotes another illustrator, Brian Stauffer, who also turned Google down. “When a company like Google comes out very publicly and expects that the market would just give them free artwork, it sets a very dangerous precedent.”

Sadly, there are plenty of artists who need the exposure and will take Google up on its offer.

And of course, Google may feel it needs an eye patch and tin cup. It only squeaked by the first quarter of 2009 with a $1.42 billion profit.

You can read the whole story in Newman’s Use Their Work Free? Some Artists Say No to Google. You can also Catch a snatch of Ellison’s fulmination on YouTube and buy it online.

Richard Curtis
This posting relies on original research and reporting performed by the New York Times. Every blogger owes a debt of gratitude to newspapers. Without them our free society would not only be impoverished but imperiled. We must strive to find a way to rescue the industry, even if it means nothing more than buying a paper on the street. Support your local newspaper.