Google Books covered by fair use, Judge Chin rules

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 covered by fair use, Judge Chin rules

Google won its eight-year copyright battle with the Authors Guild on Thursday, after a judge said the search engine’s mass book scanning project falls under the fair use exemption

Judge Denny Chin (a member of the US Court of Appeals for the Second Circuit but sitting as a first-instance judge) said in his ruling that Google Books provides “significant public benefits” and “enhances book sales to the benefit of copyright holders.".

“It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders,” said Chin.

“It preserves books, in particular out-of-print and old books that have been forgotten in the bowels of libraries, and it gives them new life. It facilitates access to books for print-disabled and remote or underserved populations. It generates new audiences and creates new sources of income for authors and publishers. Indeed, all society benefits.”

In a statement, Google said, “This has been a long road and we are absolutely delighted with today’s judgment. As we have long said, Google Books is in compliance with copyright law and acts like a card catalog for the digital age – giving users the ability to find books to buy or borrow.”

Paul Aiken, executive director of the Authors Guild, said in a statement that the ruling is a “fundamental challenge” to copyright. He said the authors intend to appeal.

The Authors Guild also separately sued a group of libraries, collectively known as HathiTrust, which lent millions of books to Google to scan for the project. In exchange for receiving the books, Google supplied the libraries with digital copies of the works. The Authors Guild is appealing that case, Authors Guild v Hathitrust, to the Second Circuit, after a New York district court found in October 2012 that HathiTrust’s actions constituted fair use.

In yesterday’s ruling, Chin said his fair use analysis applies to both Google and the libraries.

more from across site and SHARED ros bottom lb

More from across our site

As Marshall Gerstein celebrates its 70-year anniversary, Jeffrey Sharp, managing partner, reflects on lessons that shaped both his career and the firm’s success
News of two pharma deals involving Novo Nordisk and GSK and a loss for Open AI were also among the top talking points
Howard Hogan, IP partner at Gibson Dunn, says AI deepfakes are driving lawyers to rethink how IP protects creativity and innovation
Vivien Chan joins us for our ‘Women in IP’ series to discuss gender bias in the legal profession and why the business model followed by law firms leaves little room for women leaders
Partner Jeremy Hertzog explains how his team worked through a huge amount of disclosure from Adidas and what victory means for the firm
Evarist Kameja and Hadija Juma at Bowmans explain why a new law in Tanzania marks a significant shift in IP enforcement
In the wake of controversy surrounding Banksy’s recent London mural, AJ Park’s Thomas Huthwaite and Eloise Calder delve into the challenges street artists face in protecting their works and rights
Alex Levkin, founder of IPNote, discusses reshaping the filing industry through legal tech, and why practitioners’ advice should stretch beyond immediate legal needs
Cohausz & Florack, together with Krieger Mes & Graf von der Groeben, has taken action against Amazon on behalf of three VIA LA licensors
In the fourth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss unconscious bias in the IP workplace and how to address it
Gift this article