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 High Court of Australia has allowed a fashion designer to retain her registered ‘Katie Perry’ trademark for clothing
Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Lucas Amodio joins our ‘Five minutes with’ series to discuss artificial intelligence systems and patent law
The Americas research cycle has commenced, so don't miss the opportunity to submit your work
Practitioners have welcomed extended funding of the specialist police unit until 2029, while the UKIPO says it is exploring increased scale
Abion says integration with Baylos marks an important step in the company’s international expansion plans
Via Licensing Alliance continues its China push as another smartphone manufacturer joins patent pool as licensee
Law firm mergers have the potential to reshape IP teams, and partners who were at the coalface of previous tie-ups say early coordination and flexibility can make the difference
Women are entering the IP profession, but still too few are being trusted with the clients, cases, and credit that may open the path to leadership
In other news, Australia’s IP office has announced expanded search options, and an EPO report shed light on slow progress relating to women inventors in Europe
Gift this article