The University of Texas Libraries Partner with Google to Digitize Books
January 19, 2007 - 12:00am
AUSTIN, Texas—The University of Texas at Austin has become the newest partner in a broad book digitization project with Google.
The partnership between the University of Texas Libraries and Google is part of the Google Books Library Project, a project started in December 2004, initially to digitize books drawn from the libraries of the University of Michigan, Harvard University, Stanford University, Oxford University and the New York Public Library.
In the course of the multi-year project, Google will digitize at least one million volumes from the University of Texas Libraries' collections, working from selection lists prepared by the Libraries.
"We are excited to join the Google Books digitization effort, and feel it advances the mission of the University of Texas at Austin," said William Powers Jr., president of The University of Texas at Austin. "Creating digital access to our library collections will enable a great many more scholars and members of the public to locate and use these tremendously valuable materials."
The digitized books will all be fully searchable through Google Book Search. Google pays particular attention to copyright law and has specifically designed Book Search to comply with it. Anyone will be able to freely view, browse and read the university's public domain books, including a number of unique treasures in the Libraries' historic collections.
For books protected by copyright, users will only be provided the basic background information (such as the book's title and the author's name), at most a few lines of text related to their search and information about where they can borrow or buy the book. Publishers or authors who wish not to have their books digitized can be omitted from inclusion in the project.
For works in both categories, the digitization project offers important advantages in visibility of books for potential users and assists in long-term preservation of the information carried within their covers.
"University libraries in our society are entrusted with the critical mission of collecting and providing access to information spanning the entire range of human knowledge," said Fred Heath, vice provost and director of libraries at the university. "Our libraries are also responsible for effectively preserving this knowledge and ensuring access to it over vast periods of time. At the University of Texas at Austin, we hold a deep commitment to each of these objectives and believe that participating in this venture will help ensure our ability to meet those commitments far into the future."
According to Dennis Dillon, associate director for research services for the Libraries, the digitization project will increase the effectiveness of the Library's collections.
"Intellectual discovery is at the heart of the scholarly research process," he said. "The best collections of information are only as useful as the quality of the tools available for discovering and accessing that information. Joining with Google's Book Search program will mean that the intellectual content of our collections are discoverable by a much wider range of scholars and students."
For more information, please see University of Texas Libraries—Google Digitization Program.
About the University of Texas Libraries
The collections of The University of Texas Libraries are the result of more than one hundred years of commitment to building one of the great library collections in the world. Containing more than nine million volumes and providing access to the latest electronic research materials, the library collects, preserves, and provides access to the intellectual products of human inquiry in all formats. With thirteen physical locations, the library system circulates more than 2.5 million items annually and also houses some of the nation's leading special collections, among them the world renowned Nettie Lee Benson Latin American Collection's 950,000 books, periodicals, and pamphlets. The University of Texas Libraries have played a leading role in developing online resources such as the Perry-Castañeda Library's digital map collection.
About the Google Books Library Project
The Google project digitizes books from major libraries around the world and makes them searchable on Google Book Search. For more information on the project, please see Google Books.
For more information contact:
Doug Barnett
University of Texas Libraries
512.495.4388 or
dougbarnett@austin.utexas.eduCOOPERATIVE AGREEMENT
This COOPERATIVE AGREEMENT (the "Agreement") is entered into by and between Google Inc., a Delaware corporation with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043 ("Google"), and The University of Texas at Austin, a state agency and institution of higher education organized under the laws of the State of Texas, for and on behalf of the University Libraries with its principal offices at 1 University Station S5400, Austin, Texas 78712 ("University"), and is effective as of the last date this Agreement is signed by the parties (the "Effective Date"). Google and University herein are sometimes referred to hereinafter individually as a "Party" and collectively as the "Parties".
RECITALS
WHEREAS, University is a leading academic institution and has amassed an enormous collection of works in various media located at various University libraries and research centers;
WHEREAS, Google provides the public with access to web pages on the Internet, among other products and services;
WHEREAS, Google and the University share a mutual interest in making information available to the public; and
WHEREAS, Subject to the terms set forth herein, the Parties desire to enter into a non-exclusive agreement whereby Google will digitize works from the University collections to include them in Google's services, and provide access to the digitized works to the University as described herein.
NOW THEREFORE, in consideration of the mutual covenants set forth herein, Google and University hereby agree as follows:
DEFINITIONS
1. DEFINITIONS. Capitalized terms will have the meanings set forth below:
1.1 "Available Content" means selections from the University Collections as identified by Google and the University. Without limiting the foregoing, "Available Content" also includes UniverSity Digital Content.
1.2 "Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each Party, respectively, as secured by such Party from time to time.
1.3 "Digitize" means to convert content from a tangible, analog form into a digital electronic representation of that content. "Digitization", "Digitizing" and "Digitized" shall have corresponding meanings.
1.4 "End User" means a person that accesses or uses the Google Services.
1.5 "Google Digital Copy" means a digital copy retained by Google of the Selected Content that is Digitized by Google.
1.6 "Google Services" means Google's products and services that are accessible through and otherwise provided by various computer and electronic technologies, networks (syndicated and otherwise) and systems, including without limitation, mobile wireless services and Internet- based services accessible through the Google Sites and any Google syndication partner sites.
1.7 "Google Site" means any web site located at a Google-owned domain, including all subdomains and directories thereof, and all successor sites thereto.
1.8 "Hosted Access" shall have the meaning set forth in Section 4.6.
1.9 "Initial Term" shall have the meaning set forth in Section 8.1.
1.10 "Other Library" means any library (including any libraries affiliated or associated with any university or other educational institution, other than University) with which Google has an agreement as of the Effective Date concerning Digitization by Google of content from that library.
1.11 "Project" means a project for digitizing certain Selected Content.
1.12 "Project Plan" means a written plan for implementing a Project. The Project Plan shall include the following: (1) timetable for Digitizing the Selected Content, (2) instructions by University regarding how the Selected Content is to be collected and returned by Google; (3) material handling processes for the Selected Content, (4) if required, the amount of time available to University for performing conservation efforts; (5) the amount of time available to Google from receipt of the Selected Content until it is due to be returned to University; and (6) a budget for the Project.
1.13 "Renewal Term" shall have the meaning set forth in Section 8.1.
1.14 "Selected Content" means the portion of the Available Content that Google desires to Digitize or incorporate into the Google Services, both collectively and its component parts, including any and all other works of authorship included therein.
1.15 "Term" shall have the meaning set forth in Section 8.1.
1.16 "University Collections" means those collections of the University of Texas at Austin which may be administered by a University library, research center, or other University organizational unit.
1.17 "University Collections Digital Content" means content that University already has in its possession in Digitized form, as of the Effective Date.
1.18 "University Digital Copy" means the Digitized copy of the Selected Content as specified in Section 4.7.
1.19 "University Library Patrons" means the sum total of all individuals and organizations that access University Collections from University library websites.
TERMS
2. DIGITIZATION OPERATIONS.
2.1 Identifying and Collecting Content to be Digitized. The Parties shall in good faith identify Available Content that Google may elect to Digitize; provided that University agrees to commit no fewer than one million (1,000,000) volumes to the Digitization efforts under this Agreement. The Parties shall cooperate in good faith and with diligence to determine the rate in which University will provide books of Selected Content to Google to Digitize and will develop a timetable for completing each Project Plan for Digitizing Selected Content. University will provide Google with metadata for each Selected Content to be Digitized in the format specified by Google prior to Google Digitizing any Selected Content. Also, University will provide Google with an identifier such as an OCLC call number for each text of the Available Content as soon as reasonably possible after the Effective Date and prior to the commencement of Digitization efforts under this Agreement. Google will use such identifier information for internal purposes only.
2.2 Collecting the Selected Content. University shall be responsible for locating, pulling and moving the Selected Content to a designated location at the University facility where Google can collect it, as well as later re-shelving the Selected Content when the Digitization is complete. If agreed upon by the Parties in a particular Project Plan, the collection, pulling, moving, and reshelving functions may be assigned to Google. Upon commencement of a Project, University shall at its sole discretion perform any conservation efforts, at its expense, that it determines are required and/or desirable for the Selected Content prior to Digitization. On a rolling basis, as this conservation effort is completed, University shall provide the conserved Selected Content to Google for Digitizing.
2.3 Locating the Digitization Operation. Google will deSignate a location where the Selected Content will be Digitized. Google shall pay for any and all fees and costs associated with the use of said space; University shall not be liable for any such fees and costs. Google agrees that each Digitization facility it controls will, at all times, be reasonably clean, dry, cool, protected from fire and secure against theft and vandalism and at no time shall smoking be permitted in any Digitization facility. Google personnel, agents, contractors and other representatives involved in the Digitization and/or handling of the Selected Content will satisfy and comply with standards mutually agreed by the Parties in any Project Plan. University agrees that Google may remove the Selected Content from University premises to perform the Digitization in facilities controlled by Google.
2.4 Digitizing the Selected Content. Subject to handling constraints or procedures specified I in any Project Plan, Googleshall in its sole discretion determine how best to Digitize the Selected Content.. While the Selected Content is within Google's possession, Google shall use commercially reasonable efforts to minimize damage to the Selected Content, including handling the Selected Content in accordance with handling instructions set forth in the relevant Project Plan, if any. If the University establishes that Selected Content was not returned in substantially the same condition, Google will, at Google's option and the University's sole remedy, either replace the Selected Content in question or pay the University for the repair or replacement of such Selected Content up to a maximum as may be specified in the relevant Project Plan provided that University agrees that Google's obligation will not exceed $1,000 for any given text and that Google's maximum liability for any damage or loss to Selected Content in Google's custody resulting from a single incident or event will not exceed one million dollars ($1,000,000). Unless the University makes Google aware that specific materials require non-standard care, transport, and processing and Google decides to go forward with Digitization of such items, Google shall have no responsibility to undertake special efforts to address unique or fragile conditions in its transport or handling of individual items. University will provide Google with a good faith estimate of the value of any Selected Content approved for removal from University premises and will provide Google with an itemized list of any such materials.
2.5 Return of the Selected Content. Google shall return the Selected Content to the source from which Google obtained it and in the like manner in which it was collected after Google completes Digitizing the Selected Content. Google will use reasonable commercial efforts to ensure that Selected Content is returned within ten (10) business days of its being scanned or after a determination is made by Google that Selected Content will not be scanned. Notwithstanding the foregoing, Google agrees that no materials in a Project will be off the University's shelves for longer than fifteen (15) business days or for a longer period as may be specified in the relevant Project Plan.
3. COSTS.
3.1 Costs paid by University. In addition to costs mutually agreed upon by the Parties, University shall be responsible for the following costs: (a) those related to locating, pulling and moving the Selected Content to and from the designated location at the University facility so that Google can collect it as well as re-shelving the Selected Content when the Digitization is complete, (b) those related to University employees and agents whose participation is contemplated by this Agreement, (c) network bandwidth and data storage required by University to receive all of the University Digital Copy, (d) any conservation efforts that University elects to undertake on the Selected Content prior to Digitizing, and (e) barcoding and associated data entry to barcode the Selected Content.
3.2 Costs borne by Google. In addition to costs mutually agreed upon by the Parties, Google shall be responsible for the following costs: (a) those related to Google employees whose participation is contemplated by this Agreement, (b) hardware and software required to Digitize the Selected Content, (c) space required to Digitize the Selected Content, and (d) transportation of Selected Content from the designated location at the University facility to a Google designated facility to perform the Digitization.
3.3 Budgets. Notwithstanding the foregoing, University and Google may jointly develop a budget for each Project Plan, pursuant to which the Parties can allocate the cost of researching and identifying the Selected Content, conducting conservation assessments, performing conservation work, performing any required copyright research and clearances, and metadata development as required. Any such budget will take precedence over the provisions of Sections 3.1 and 3.2 above and will be effective only after set forth in a writing signed by both Parties.
4. OWNERSHIP AND USE OF DIGITAL COPIES AND SERVICES.
4.1 Copyright Status. The Parties understand that the Selected Content may include some works that will be treated hereunder as public domain works and some works that will be treated hereunder as in-copyright works. Both Google and University agree and intend to perform this Agreement in compliance with copyright law. Each Party will be responsible for the determination of how to treat a work for each jurisdiction at its sole discretion. Notwithstanding such determination, if either Party believes a work (or portion thereof) should be treated as an incopyright work in either the United States or another jurisdiction, and so notifies the other Party, then, within forty-eight (48) hours of such notice, such work (or portion thereof) shall be treated as an in-copyright work for use in the relevant country. In addition, Google will implement processes whereby any person or entity can request that Google not Digitize any Available Content or to stop displaying or using any Digitized Selected Content which Google will comply with so long as Google determines that the person or entity making the request is the copyright holder or has actual or apparent authority to act on behalf of the copyright holder.
4.2 Ownership and use of Google Digital Copy. As between Google and University and subject to the provisions in this Section 4, Google shall own all rights, title, and interest in and to the Google Digital Copy.
4.3 Google use of Google Digital Copy. Subject to the restrictions set forth herein, Google may use the Google Digital Copy, in whole or in part at Google's sole discretion, subject to copyright law, as part of the Google Services. Google agrees that to the extent that it or its successors use any Digitized Selected Content in connection with any Google Services, it shall provide a service at no cost to End Users (1) for both search and display of search results and (2) for access to the display of the full text of public domain works contained in the Digitized Selected Content. To the extent portions of the Google Digital Copy are either in the public domain or where Google has otherwise obtained authorization, Google shall have the right, in its sole discretion, among other things, to (a) index the full text or content, (b) serve and display full-sized digital images corresponding to those portions, (c) make available full text of content for printing and/or download, and (d) make copies of such portions of the Google Digital Copy and provide, license, or sell such copies (including, without limitation, to its syndication partners). For all other portions of the Google Digital Copy, Google may index the full text or content but may not serve or display the full-sized digital image or make available for printing, streaming and/or download the full content unless Google has permission or license from the copyright owner to do so; Google instead may serve and display (1) an excerpt that Google reasonably determines would constitute fair use under copyright law and (2) bibliographic (e.g. title, author, date, etc.) and other non-copyrighted information. In the event that Google has received a license or other permission from the applicable copyright holder to use in-copyright works in the Google Digital Copy, Google may use those works in any manner permitted under the terms of such license.
4.4 Security and Privacy Regarding Google's Use of the Google Digital Copy. Google shall implement commercially reasonable technological measures (e.g., through use of the robots.txt protocol) to restrict automated access to any portion of the Google Digital Copy that is incopyright. In addition, Google shall maintain on its website a privacy policy that governs collection and use of information that Google obtains from End Users.
4.5 Ownership and Control of Google Services. As between the Parties, the Google Services and all content therein are, and at all times will remain the exclusive property of Google or its partners; nothing in this Agreement implies any transfer to University of any ownership interest in the Google Services. University acknowledges and agrees that Google retains control of the Google Services, and that the design, layout, content, functions and features of the Google Services are at Google's discretion. Notwithstanding anything to the contrary in this Agreement, Google is not required to make any or all of the Google Digital Copy available through the Google Services.
4.6 Hosted Access. During the Term, Google will provide searchable access to the Google Digital Copy at no charge to University and to University Library patrons via a website that will be hosted by Google ("Hosted Access"). The design, layout, content, functions and features of Hosted Access will be determined by Google but substantially similar to that provided by Google to any Other Library as such features evolve during the Term.
4.7 University Digital Copy. Unless otherwise agreed by the Parties in writing, the "University Digital Copy" means the digital copy of the Selected Content that is Digitized by Google consisting of (a) a set of image and OCR files, (b) associated meta-information about the files including bibliographic information consisting of title and author of each Digitized work and technical information consisting of the date of scanning the work, information about which image files correspond to what Digitized work, and (c) a list of works that are supplied for Digitization but not actually Digitized.
4.7.1 Google agrees to provide to University access to one copy of all Digitized Selected Content that has been "Successfully Processed" within thirty (30) days after the Selected Content is Digitized, or in a timeframe mutually agreed by the Parties. Selected Content is "Successfully Processed" when Google determines it has satisfactorily gone through all stages of Google's Digitization, post processing and quality assurance procedures. In addition Google will provide the University with the ability to sample the files for two hundred and fifty (250) Digitized works per quarter to assess quality. Google agrees that the quality of files provided to University in the University Digital Copy will be substantially similar to the quality of files provided to any Other Library. Google shall provide the University Digital Copy via a network connection, or in any other manner mutually agreed upon by the Parties. Notwithstanding anything to the contrary herein, Google may withhold any works in dispute as set forth in Section 4.1 from the University Digital Copy and the University will delete any such works that were previously provided to University as part of the University Digital Copy.
4.8 Ownership and use of University Digital Copy. As between Google and University and subject to the restrictions in this Section 4, University shall own all rights, title, and interest to the University Digital Copy. Without limiting the foregoing, University shall not display or otherwise use the University Digital Copy except as expressly permitted in this Agreement.
4.9 Use of University Digital Copy on University Website.
4.9.1 Uses by University Library Patrons: (a) University shall have the right to use the University Digital Copy in whole or in part at University's sole discretion, in accordance with copyright law, as part of services offered to University Library Patrons; provided that University not charge or receive payment or other consideration for such use of the University Digital Copy. (b) University may, however, charge for services it provides that build upon the University Digital Copy. For example, University may charge University Library Patrons for access to annotations provided by professors and scholars even though the original work digitized by Google will always be accessible without a fee. University may also charge University Library Patrons to recover copying costs actually incurred in serving their needs.
4.9.2 Public Access:
(a) Digitized by Google Reference. University agrees to identify the works within the University Digital Copy that it makes available to the public as "Digitized by Google" in a statement on a web page or other access point to be mutually agreed to by the Parties, or in a substantially similar manner.
(b) Automated Access. University shall implement technological measures such as the robots.txt protocol or similar measures to restrict automated access to any portion of the University Digital Copy or the portions of the University website on which any portion of the University Digital Copy is available.
(c) Commercial and Systematic Downloading and Distribution. University shall also make reasonable efforts to prevent third parties from (i) downloading or otherwise obtaining works from the University Digital Copy for commercial purposes, (ii) commercial redistribution of works from the University Digital Copy, or (iii) automated and systematic downloading or distribution to the public at large of substantial portions of the University Digital Copy from the services offered on University's website.
(d) Protection for Internal Archive. University shall implement security and handling procedures for the University Digital Copy as mutually agreed by the Parties. Except as expressly allowed herein, University will not share, provide, license, or sell the University Digital Copy to any third party.
4.10 Distribution of the University Digital Copy.
4.10.1 Distribution to Libraries and Educational Institutions: Subject to the limitations set forth herein,
(a) University shall have the right to distribute no more than ten percent (10%) of public domain works from the University Digital Copy to other libraries and educational institutions in accordance with copyright law and in each case for non-commercial research, scholarly or academic purposes.
(b) University shall have the right to distribute all or any portion of the public domain works contained in the University Digital Copy to a library member of the Digital Library Federation or with Google's prior written consent, to other institutions (each recipient entity is referred to herein as a "Recipient Institution") for non-commercial research, scholarly or academic purposes by the Recipient Institution and the faculty, students, scholars and staff authorized by the Recipient Institution to access their commercially licensed electronic information products.
4.10.2 Limitations on Recipients of Distributed Copy:
(a) Contract with Google: Prior to any distribution by University to a Recipient Institution, Google and the Recipient Institution must have entered into a written agreement on terms acceptable to Google governing the use of the University Digital Copy and that, among other things, provide an indemnity to Google.
(b) Contract with University: In addition, University and Recipient Institution must enter into a written agreement that
(A) prohibits that Recipient Institution from redistributing without first obtaining the prior written consent of Google,
(B) makes Google an express third party beneficiary of such agreement,
(C) provides an indemnity to Google from the Recipient Institution for the Recipient Institution's use of the University Digital Copy or part thereof,
(D) contains limitations at least as restrictive as the restrictions on University set forth in Section 4.9,
(E) contains limitations on the use of the University Digital Copy as set forth in clauses 4.10.1 (a) and (b) above, if any, and
(F) requires each Recipient Institution, to the extent it makes any portion of the University Digital Copy publicly available, to identify the works as "Digitized by Google" in a statement on the applicable web page or other access point, or in a substantially similar manner.
5. ACCESS, AUTHORIZATION AND SUPPORT.
5.1 Access. Google shall have the right to access Selected Content during University business/staff hours as required to exercise its rights and perform its obligations hereunder. If requested by Google, University shall provide Google with access to Selected Content outside of University business hours provided that Google notify University at least two (2) days in advance of its intent to access such materials.
5.2 Authorization. The University program manager responsible for the Selected Content involved in any Project Plan shall have authority to agree with Google on the time frames and procedures (e.g., collection, conservation, and handling) associated with that Selected Content. .• If Google in good faith believes that the time frames and procedures requested by the University program manager are unreasonable, Google shall escalate the matter to the University administrative contact; in which case Google, the University program manager, and the administrative contact shall meet to resolve the issue.
5.3 Support. Each party shall appoint one person to serve as the administrative contact for the other, should administrative questions or issues arise during the course of this Agreement. This administrative contact shall be available during regular business hours (9:00 a.m. to 5:00 p.m., Monday through Friday) at a telephone number and e-mail address to be provided by each party. Each party shall also appoint one person to serve as the technical contact for the other for obtaining and regulating the use of the University Digital Copy among other things. This technical contact shall be available during regular business hours at a telephone number and e-mail address to be provided by each party. Upon execution of this contract, both Google and University shall identify these individuals in writing, which may be email.
6. CONFIDENTIALITY.
6.1 Confidentiality. By virtue of this Agreement, each Party may have access to information of the other Party which is considered confidential and proprietary, including product plans, customer lists, and proprietary technology or methods ("Confidential Information"), whether disclosed in tangible or intangible form. Information disclosed in tangible form will be considered Confidential Information if it is marked as "Confidential". Information disclosed in intangible form will be considered Confidential Information if the disclosing Party clearly indicates that it is confidential at the time of disclosure.
6.2 Obligations, Each Party shall exercise the same degree of care, but no less than a reasonable degree of care, to avoid the publication or dissemination of the Confidential Information of the other Party as it affords to its own confidential information of a similar nature which it desires not to be published or disseminated. The receiving Party ("Recipient") shall not use Confidential Information of the disclosing Party ("Discloser") except in connection with this Agreement and the matters contemplated hereby. The obligation of the parties not to disclose Confidential Information survives termination or cancellation of this Agreement.
6.3 Exceptions. This Agreement imposes no obligation upon a Recipient with respect to Confidential Information that (a) was known to the Recipient before receipt from the Discloser; (b) is or becomes publicly available through no fault of the Recipient; (c) is rightfully received by the Recipient from a third party without a duty of confidentiality; (d) is independently developed by the Recipient without a breach of this Agreement; (e) is disclosed by the Recipient with the Discloser's prior written approval; or (f) is required to be disclosed by operation of law, court order or other governmental demand ("Process"); provided that (i) the Recipient shall immediately notify the Discloser of such Process; and (ii) the Recipient shall not produce or disclose Confidential Information in response to the Process unless the Discloser has: (a) requested protection from the legal or governmental authority and such request has been denied; (b) consented in writing to the production or disclosure of the Confidential Information in response to the Process; or (c) taken no action to protect its interest in the Confidential Information within 10 business days after receipt of notice by the Recipient of its obligation to produce or disclose Confidential Information in response to the Process.
6.4 Public Relations; Publicity. Neither Party will issue publicity announcements, press releases or other public statements regarding the Agreement without the other Party's prior written approval. Google may include the name "The University of Texas at Austin" and the University logo illustrated in Attachment A hereto ("Logo") in factual statements about University's participation in Google's digitization efforts, for example, in lists of other partner universities, with the prior written permission of the University's Director of Trademark Licensing; provided that", Google is not required to obtain separate permissions for each use of the Logo so long as subsequent uses are similar to the prior reviewed and approved use. As a courtesy to University to permit University to confirm Google's judgments regarding similarity, Google will provide University post-hoc notice of its similar uses for the first three (3) months of the Term.
