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

Gillian Tan explains how she balances TM portfolio management with fast-moving deals, and why ‘CCP’ is a good acronym to live by
In the eighth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Ability, a network for disabled people and carers active in the IP profession
The longest government shutdown in US history froze ITC operations, yet IP practices stayed steady as firms relied on early preparation and client communication
Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Gift this article