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

The private-equity-backed firm said hires from DLA Piper and Eversheds Sutherland will help it become the IP partner of choice for innovative businesses
The acquisition is expected to help Clorox bolster its position in the health and hygiene consumer products market
AIPPI, which has faced boycott threats over the 2027 World Congress, says it has a long-standing commitment to engagement and geographic rotation
The shortlist for our annual Americas Awards will be published next month, with potential winners in more than 90 categories set to be revealed
News of Nokia signing a licensing deal with a Chinese automaker and Linklaters appointing a new head of tech and IP were also among the top talking points
After five IP partners left the firm for White & Case, the IP market could yet see more laterals
The court plans to introduce a system for expert-led SEP mediation, intended to help parties come to an agreement within three sessions
Paul Chapman and Robert Lind, who are retiring from Marks & Clerk after 30-year careers, discuss workplace loyalty, client care, and why we should be optimistic but cautious about AI
Brantsandpatents is seeking to boost its expertise across key IP services in the Benelux region
Shwetasree Majumder, managing partner of Fidus Law Chambers, discusses fighting gender bias and why her firm is building a strong AI and tech expertise
Gift this article