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 2026

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

The firm’s co-CEO discusses patent litigation, collaboration with overseas colleagues and the next generation of leaders
Two recent decisions demonstrate the courts’ creativity in cutting-edge IP disputes that tested their jurisdictional powers
Aditi Verma Thakur, managing partner at Aishani Partners, discusses 5 am wake-ups, working with high-performing professionals and staying calm under pressure
After more than three decades at Wilson Sonsini, Ian Edvalson explains why he moved to expand his life sciences transactional practice
While individual lateral hires and full-scale mergers remain popular options to scale a firm’s IP practice, recent activity indicates that a third option is proving successful
Lead King & Spalding trial lawyer says that while this is the first IP litigation defence victory for DoorDash, it certainly won’t be the last
As firms invest in scale, professional management and technology, trusted client relationships may become the competitive edge that cannot be automated
As UPC activity continues to drive strategic hiring and expansion, recent rulings have delivered a notable win for Samsung, and further uncertainty in the long-running GSK-Pfizer vaccine battle
The merger of Taylor Wessing’s UK operation with US firm Winston Strawn was a response to a strategic conundrum, its leaders say
Over the past 23 years, LawPlus has expanded from Thailand to Myanmar and built extensive international partnerships. What’s next?
Gift this article