Google Books library ruling bad news for Author’s Guild

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Google Books library ruling bad news for Author’s Guild

The libraries that supplied the books for Google’s effort to create the world’s largest online library were covered by fair use, a judge has ruled

The Author’s Guild had claimed the libraries that provided millions of works to the search engine to be scanned for the Google Books project without asking writers’ permission were infringing its members’ copyright.

But Judge Harold Baer of the District Court for the Southern District of New York said he could not imagine a definition of fair use that would cause him to terminate “this invaluable contribution to the progress of science and cultivation of the arts”. He also emphasised the public interest in the project’s aim of making books available digitally to visually impaired people.

The Author’s Guild is also suing Google in a separate lawsuit. While this month’s ruling for the libraries in The Author’s Guild v Hathitrust does not guarantee Google will prevail, it bodes well for the search engine.

“Certainly I would think that the judges are watching each other, but they are separate cases and separate defendants,” said Hillel Parness of Robins Kaplan Miller & Ciresi, who has been following the litigation.

Parness noted that statements made by Judge Denny Chin, who rejected a previous attempt by the Author’s Guild and Google to reach a class action settlement, suggested Chin may have concerns about Google’s “opt-out rather than opt-in” policy.

The ruling comes just one week after the search engine announced it had reached a separate settlement with the Association of American Publishers (AAP) over Google Books, ending a seven-year legal dispute.





more from across site and SHARED ros bottom lb

More from across our site

Two New Hampshire IP boutiques will soon merge to form Secant IP, seeking to scale patent strength while keeping a lean cost model
While the firm lost several litigators this month, Winston & Strawn is betting that its transatlantic merger will strengthen its IP practice
In other news, Ericsson sought a declaratory judgment against Acer and Netflix filed a cease-and-desist letter against ByteDance over AI misuse
As trade secret filings rise due to AI development and economic espionage concerns, firms are relying on proactive counselling to help clients navigate disputes
IP firm leaders share why they remain positive in the face of falling patent applications from US filers, and how they are meeting a rising demand from China
The power of DEI to swing IP pitches is welcome, but why does it have to be left so late?
Mathew Lucas has joined Pearce IP after spending more than 25 years at Qantm IP-owned firm Davies Collison Cave
Exclusive survey data reveals a generally lax in-house attitude towards DEI, but pitches have been known to turn on a final diversity question
Managing IP will host a ceremony in London on May 1 to reveal the winners
Abigail Wise shares her unusual pathway into the profession, from failing A-levels to becoming Lewis Silkin’s first female IP partner
Gift this article