Peter Suber at Open Access News is reporting on a proposed Open Access Trust for the Google Book Settlement. The idea behind the trust is that it would act as guardians for the orphaned works in Google’s settlement to ensure that they are being made available for common good. The proposal was suggested by Charles Nessman at Harvard Law School. From Suber’s commentary:
This is an excellent idea. It needn’t rest solely on the argument that orphaned works are part of the public domain. It could rest, instead or in addition, on the argument that the Google book settlement will shrink the scope of fair use and shrink the odds that competition will lower the price or improve the terms under which the public will have access to digitized orphan works.
