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 2025

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

IP leaders met in San Francisco this week to discuss patent pools, SEP licensing, and how shifting geopolitics is shaping the future of innovation
View the 2025 Social Impact shortlist celebrating the region's change-makers
News of Elon Musk’s xAI suing OpenAI and the latest statistics from UK’s patent box system were also among the top talking points
The patent pool operator is launching new offerings covering semiconductor technologies amid the rapid adoption of AI and tech
Achim Krebs of HGF and Filip De Corte of Syngenta provide an overview of compensatory term rights for plant protection products around the world
A Full Federal Court ruling on the patent-eligibility of computer-implemented inventions in Australia could pave the way for more filings
In major recent developments, the court ruled in a dispute over washing machines, issued a reimbursement decision, and the Munich Division welcomed a visit from EU officials
Oliver Yaros, leader of Mayer Brown's London IP practice, explains what IP practitioners need to consider
Cassandra Hill of Mishcon de Reya explains why the firm remains committed to diversity targets and why others should follow suit
UK-headquartered Com Laude, which provides domain name-related services, says the deal will mark a ‘transformative combination’
Gift this article