A couple of notes:
- The proposed settlement has no bearing on the copyright held by artists in book illustrations or covers. It applies only to publishers, authors, and their heirs and assigns. If your copyright illustrations are scanned in the course of scanning a book, take the issue up with the book’s copyright holder, because Google doesn’t want to hear from you.
- The propose settlement appears to weaken the protection of copyright law for the creators of works, because copyright holders must positively reassert the rights they already have—by opting in to the settlement or by registering their works with the yet-to-be-formed Book Rights Registry—in order to retain those rights. Otherwise, the way I read the settlement, they in effect forfeit those rights to Google.
In other words, what else is new?