Authors Guild appeals against Google Books decision

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

Authors Guild appeals against Google Books decision

The Author’s Guild has appealed to the Second Circuit against a federal judge’s decision to dismiss its copyright infringement claim against Google Books

As expected, the trade association has filed a notice to appeal the November 14 decision by Judge Denny Chin which found the mass book-scanning project permissible under the fair use exemption.

Following an eight-year legal dispute, Chin ruled 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,” Judge Chin wrote in his ruling. “Indeed, all society benefits.”

Shortly after the decision, Paul Aiken, executive director of the Authors Guild, said in a statement that his organisation would appeal the judgment, which he described as a “fundamental challenge” to copyright.

Google scanned over 20 million works for the project. The Author’s Guild is also appealing an October 2012 decision which ruled that the libraries which supplied the books to Google were also protected by fair use. The guild sued the libraries in a separate lawsuit, Authors Guild v Hathitrust.

more from across site and SHARED ros bottom lb

More from across our site

Attorney Oran Friar and trainee attorney Harry Cunliffe at Reddie & Grose, share that patent filings for clinical LLMs are surging, but success in the UK and Europe hinges on demonstrating technical innovation
Implementers can use the UK courts to seek FRAND terms for patent pool licences
The first credible UPC spinouts are growing, and they are coming from elite patent litigation teams, suggesting specialist litigators may no longer need large platforms to compete
Voyage IP has hired a veteran IP leader from Spruson & Ferguson as its head of trademarks, as well as another consultant who will boost the firm’s commercial offering
Lawyers say unwritten appearance expectations can disproportionately affect women and junior talent, making proactive guidance a growing responsibility for law firm leaders
Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Gift this article