Google Books covered by fair use, Judge Chin rules
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
Law firms that pay close attention to their client relationships are more likely to win repeat work, according to a survey of nearly 29,000 in-house counsel
The EMEA research period is open until May 31
Practitioners analyse a survey on how law firms prove value to their clients and reflect on why the concept can be hard to pin down
The winner of Managing IP’s Life Achievement Award discusses 50 years in IP law and how even he can’t avoid imposter syndrome
Saya Choudhary of Singh & Singh explains how her team navigated nine years of litigation to secure record damages of $29 million and the lessons learned along the way
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
A team of IP and media law specialists has joined from SKW Schwarz alongside a former counsel at Sky
The Irish government has delayed a planned referendum on whether Ireland should join the Unified Patent Court, prompting concern about when a vote may take place
With more than 250 winners recognised during the ceremony, there are many reasons to be positive about the health of the IP industry in EMEA
Gift this article