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Q: "If an author holds the rights to an out-of-print book, and allows it to be used by Google, does that make Google the 'exclusive' publisher, or does the author still retain the rights to redistribute his/her work as he/she chooses (e.g. put it on their own website, POD on Lulu.com, etc.)?"

A: Stephen Gillen, intellectual property attorney, Greenebaum Doll & McDonald PLLC (Cincinnati, OH) seg@gdm.com:

"The rights you grant to Google in connection with the proposed settlement are non-exclusive, so you do retain the right to redistribute as you choose. What you lose is the right to grant exclusive rights to anyone else (since you will have already granted some right to Google). You may be able to revoke those rights with some period of notice, but you would need to refer to the Google Settlement Agreement Amended terms to confirm that."

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