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 2025

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

In major recent developments, the court also ruled on another request concerning access to documents and appointed a new panel to the Court of Appeal
A new foundation in Chile is giving women in the IP community the mentorship, and visibility they’ve long lacked
The EUIPO is keen to stress the benefits of mediation as a means of resolving IP disputes, but do roadblocks remain?
Åsa Gustafson, global patent paralegal manager at Zacco, provides insight into the world of a paralegal, explains how she keeps abreast of legal developments, and reveals a passion for weaving
Alif Gultom and Andrew Diamond of Januar Jahja & Partners explain why Indonesia must adopt reforms against bad-faith filings and safeguard its trademark system for the future
In the third episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the ‘Women in IP’ network and the current state of diversity within the profession
Practitioners, including two ex USPTO directors, say the Patent Eligibility Restoration Act could restore clarity and predictability to US patent law, though concerns remain
News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Speakers at the EUIPO’s IP Mediation Conference discussed how lawyers can act in tandem with clients during mediation, and the importance of showing a united front
A report that revealed top legal LinkedIn influencers are generating hundreds of thousands in advertising value is the push lawyers need to up their social media presence
Gift this article