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

Lead King & Spalding trial lawyer says that while this is the first IP litigation defence victory for DoorDash, it certainly won’t be the last
As firms invest in scale, professional management and technology, trusted client relationships may become the competitive edge that cannot be automated
As UPC activity continues to drive strategic hiring and expansion, recent rulings have delivered a notable win for Samsung, and further uncertainty in the long-running GSK-Pfizer vaccine battle
The merger of Taylor Wessing’s UK operation with US firm Winston Strawn was a response to a strategic conundrum, its leaders say
Over the past 23 years, LawPlus has expanded from Thailand to Myanmar and built extensive international partnerships. What’s next?
Patrade has turned to experienced IP practitioner and business development leader Anders Isaksson to strengthen its commercial strategy and expand its reach to clients across Scandinavia
Cassie Hill, partner at Mishcon de Reya, discusses rebuilding client relationships after maternity leave and the pressures facing women at a pivotal stage of their career
Matthew Asbell discusses why empathy is important in law, being inspired by diverse workplaces and working on the latest, greatest large language model
The new partners add patent trial depth in high-value technology sectors including semiconductors, software, and cloud computing
From seller vetting and proprietary screening technology to brand collaboration and industry partnerships, Temu explains how its intellectual property enforcement programme combats infringement on its marketplace
Gift this article