“By checking a box on the opt out page, however, the author or publisher can request that the Settlement Administrator ask Google not to digitize (or, if already digitized, not to display any contents from) the books or Inserts identified in the opt out form, Although Google has no obligation under the Settlement to comply with such request, Google has advised the Settlement Administrator that it is Google’s current policy to voluntarily honor such requests, if the books or Inserts are individually specified, are in copyright, and the author or publisher has a valid and unchallenged copyright interest in their books and Inserts.”

It would appear that this clause makes it possible for an author (or other copyright holder) to sue for statutory damages should Google go ahead and digitize a work that had been opted out. Or, is Google indemnified against this? Any insights on that?

Mia Amato