Judge Dismisses Copyright Challenge to Google’s Digital Books Program

November 14th, 2013 by Wills Citty and tagged , , , , , , ,

Google has dodged a major legal challenge to a controversial but popular feature that makes millions of books available online.  A federal judge today said the Google Books program does not violate the copyright privileges of authors.

Google Books uses high-tech scanning technology to convert books to digital format, and then posts versions of the works online. Most of the time, Google makes a book available without getting permission from or compensating its author.

The case has bounced around the court system since 2005, when the Author’s Guild and others sued Google over its digital text program. The parties came close to settling in 2011, but a judge concerned that it would grant Google a monopoly in the area threw out the deal.

U.S Circuit Court Judge Denny Chin issued his decision rejecting the copyright claim against Google this morning, finding the digital books program was “fair use.”

The fair use defense allows the use of copyrighted works for criticism, news reporting, scholarship, research, and other areas that represent a public benefit rather than a commercial exploitation.  Judge Chin explained that fair use is good public policy because it “provides sufficient protection to authors and inventors to stimulate creative activity, while at the same time permitting others to utilize protected works to advance the progress of the arts and sciences.”

Judge Chin highlighted several factors he believed warranted granting the defense, including:

1)   Google’s use is transformative, taking physical copies of books and converting them to fully indexed, and searchable digital documents.

2)   The digital books do not supercede or supplant the original works.  The online copies are usually limited “snippets” and do not allow users to read a book cover-to-cover.

3)   Google receives limited commercial benefit from the use.  It does not sell ads or charge a fee to use the feature.

The judge found that overall, Google Books is an important research tool that expands access to knowledge and helps preserve the texts themselves.

The decision paves the way for Google to move forward with its program, with a potential roadblock in the future if Author’s Guild decides to appeal.  However, with 8 years and millions of dollars in legal fees already spent, such a move may not be in order.

Posted in Author's Guild, copyright, copyright infringement, Google, Legal, Licensing, National Press Photographers Association, NPPA, photographers, Photographers' Rights | 78 Comments »

78 Responses to “Judge Dismisses Copyright Challenge to Google’s Digital Books Program”

  1.   علاج السكري Says:

    We’ll straight away pick up your own rss because i cannot to find the e-mail ongoing url and also e-newsletter service. Do you possess any? Nicely let me personally identify in order that I could signed up. Thanks a lot.

  2.   import Says:

    It is the best time to make some plans for the long run and it’s time
    to be happy. I have read this publish and if I could I desire to recommend you few fascinating things or tips.
    Perhaps you could write subsequent articles referring to this article.

    I desire to read more issues about it!

  3.   Habibi Says:

    Can I just say what a reduction to seek out someone who really is aware of what theyre talking about on the internet. You undoubtedly know how it is possible to bring an concern to gentle and make it essential. Extra folks have to read this and perceive this aspect of the story. I cant consider youre not more in style since you undoubtedly have the gift.

  4.   elektryk piaseczno Says:

    Hiya, I am truly joyful I’ve found this info. Currently bloggers publish merely in relation to gossips and disposable and this is truly frustrating. A good position with exciting subject matter, this is what I need. Thanks for keeping this situate, I’ll be visiting it. Do you perform newsletters? Can not get hold of it.

  5.   szycie firan warszawa Says:

    We’re a congregate of volunteers and opening a new ruse in our community. Your web site to be had us with helpful data to paintings by. You’ve performed an impressive task and our full categorize will almost certainly live thankful to you.

  6.   Corina Kazeck Says:

    I really like youtube but it does have some bad things on it. Like with illegal material and things.

  7.   Jama Somoza Says:

    Wonderful beat ! I wish to apprentice while you amend your web site, how can i subscribe for a blog web site? The account helped me a acceptable deal. I had been a little bit acquainted of this your broadcast provided bright clear concept

  8.   name Says:

    ulcers which have healed, then this again makes cancer unlikely. An ulcer that keeps forming on the same site and then healing may be caused by a nearby sharp ,

  9.   name Says:

    Caustic chemicals may cause ulceration of the oral mucosa if they are of strong enough concentration and in contact for a sufficient length of time. The ,

  10.   Irving Atkisson Says:

    Great write-up, I

  11.   Habibi Says:

    I consider something really interesting about your web blog so I saved to favorites.

  12.   production log sheds Says:

    It really is extremely fascinating subject you

  13.   Kory Tingey Says:

    Thanks a lot…

  14.   Sabrina Kohel Says:

    random comments to say

  15.   Jamey Beckman Says:

    If you decide youre going, you better let her know Im coming as your guide. Yup. Youre stuck with me. I am NOT going to set you loose on Boston without a Shep Guardian Angel . that and I wouldnt mind getting your butt across the line in one piece (peace!) again. I would love it if Mike was there too, but you never know!

  16.   Gay Langin Says:

    Yes Im sure this will provoke plenty of debate to the trenches one and all, collect your grenades on the way!

  17.   name Says:

    fine powder, then adding it to water and bringing it to the boil for no more than an instant in a pot called a cezve or, in Greek, a briki. This produces a ,

  18.   name Says:

    the roasters aimed at obtaining not simply certified coffees, but exceptional certified coffees. The Bird Rock -rated Peru Raul Mamani came from a single ,

  19.   Theodora Czubakowski Says:

    As I site possessor I believe the content material here is rattling fantastic , appreciate it for your efforts. You should keep it up forever! Best of luck.

  20. Says:

    Bring the spirit of spring into your wardrobe with Swatch watches.

    With the model GD910 LG is entering the wrist watch mobile phone market.

    The Victorinox logo that adorns each Swiss Army Watch is the ultimate signal
    of ruggedness.

  21. Says:

    The features integrated within it are fully functional. Watch
    making is an art in its own and there are masters in
    the field out there with wide collections of timepieces that speak about fashion.
    Other times, the watch face may simply have very small alarm

  22.   Lindsay Ball Says:

    Kudo’s to Jeff Helms for his place at Z16 and his expertise in all facets of the collectible vehicle.

  23.   Peggy Reliford Says:

    Great post. Nice to read all Q&A about you and hubby.

  24.   Leilani Gonales Says:

    appreciate your almost all info about imperceptable askjeeve checker’ yet does anyone realize how to review which often aol chat room a person is actually on the internet?

  25.   Russ Minty Says:

    Good post!! interesting to view about this. This is definitely some good information!!

  26.   Referencement 385 Says:

    Great blog but honestly the sheer amount of Ads.

  27.   ogloszenia lokalne Says:

    I thought it was going to be some boring old site, but I

  28.   Amelia Says:

    Do you know what extension he’s on?

  29.   Zachary Says:

    Sorry, I ran out of credit

  30.   pit 38 2013 Says:

    You got a very excellent website, Sword lily I discovered it through yahoo.

  31.   name Says:

    that the god of heaven shed over the corpse of a dead sorcerer.,

  32.   name Says:

    are typically moderate, so there is less tendency to bright acidity than there is with coffees from most other origins.,

  33.   name Says:

    Caffeine alleviates headaches acutely and is used medically for this purpose, generally in combination with a painkiller such as ibuprofen. However, chronic ,

  34.   name Says:

    acids, protein, and caffeine as those that have been roasted, but lack the taste. Heat must be applied for the Maillard and other chemical reactions to occur.,

  35.   Brian Says:

    I’m self-employed

  36.   John Says:

    How would you like the money?

  37.   Andrew Pelt Says:

    Awesome entry! Pretty enlightening.

  38.   Diego Says:

    I’d like to cancel a cheque

  39.   Wyatt Says:

    My battery’s about to run out

  40.   pit program 2013 Says:

    Some genuinely prime articles on this website , saved to bookmarks .

  41.   MarketingStrategy Says:

    Excellent read, I just passed this onto a colleague who was doing some research on that. And he just bought me lunch as I found it for him smile Therefore let me rephrase that: Thank you for lunch!

  42. Says:

    Cash freespins N ‘Clover video slot maskin spel har 5 rullar, 25 vinstlinjer video game.

  43.   praca wroclaw Says:

    Check it yourself

  44.   Graduate Student Says:


  45.   Environmental Management Says:

    I want to point out my admiration for your kindness for folks who absolutely need help on in this niche. Your real dedication to getting the solution all over ended up being unbelievably important and has frequently made guys like me to attain their goals. The interesting advice denotes a lot a person like me and especially to my fellow workers. Regards; from all of us.

  46.   Nursing Education Says:

    I have to express my respect for your kindness giving support to folks that must have help with that question. Your very own commitment to getting the message up and down appeared to be rather informative and have in every case enabled employees much like me to arrive at their pursuits. Your personal useful guide indicates so much a person like me and further more to my mates. Regards; from everyone of us.

  47.   name Says:

    Consequently, oral LD of in humans is not known exactly. However, it appears to be higher than oral LD of caffeine. Bastuji and Jouvet describe ,

  48.   name Says:

    accumbens, noradrenaline in the hypothalamus and ventrolateral preoptic nucleus, and serotonin in the amygdala and frontal cortex.,

  49.   Nail Art Says:

    Definitely believe that which you stated. Your favorite reason appeared to be on the net the simplest thing to be aware of. I say to you, I certainly get irked while people think about worries that they plainly do not know about. You managed to hit the nail upon the top and defined out the whole thing without having side-effects , people can take a signal. Will probably be back to get more. Thanks

  50.   Teodoro Itkin Says:

    a 2010 report, “My Daddy’s Identify Is Donor,” through the Institute for American Values, Elizabeth Marquardt, Norval Glenn and Karen Clark note that

  51.   alternativeenergy Says:

    My brother recommended I might like this website. He was entirely right. This post actually made my day. You cann’t imagine just how much time I had spent for this info! Thanks!

  52.   Fashion Advice Says:

    Great tremendous issues here. I

  53.   enewableenergy Says:


  54.   Amelia Says:

    Some First Class stamps where to buy zyban normally, in which the image is disarrayed, or becomes black 8

  55. Says:

    Check it yourself

  56.   Claretta Tram Says:

    See how the big boys use reputation management. Spend just $30 a month and become part of the group of successful business owners using this tool.

  57.   Jenae Hobstetter Says:

    In Buffalo, NY, at present nothing beats La Nova, but only because Pizza City on Niagara Street was taken in excess of by persons who apparently detest pizza plus the persons who take in it.

  58.   name Says:


  59.   Elva Cappleman Says:

    Good web site! I truly love how it is simple on my eyes and the data are well written. I’m wondering how I could be notified when a new post has been made. I’ve subscribed to your RSS which must do the trick! Have a nice day!

  60.   name Says:

    Roastmasters often prefer to follow a “recipe” or “roast profile” to highlight certain flavor characteristics. Any number of factors may help a person ,

  61.   name Says:

    prevented the formation of large farms. Smaller farms and more egalitarian conditions ameliorated unrest over the th and th centuries.,

  62.   name Says:

    than true medium roasts, they display a slight hint of the roasty, gentle pungency of coffees brought just to the “second crack” – in other words, they were ,

  63.   name Says:

    especially distinctive either.,

  64.   name Says:

    Particulate matter PM, volatile organic compounds VOC, organic acids, and combustion products are the principal emissions from coffee processing. ,

  65.   Devin Says:

    I’m not sure voltaren emulgel usa Self assess ones own knowledge and abilities independently and take

  66.   cooler111 Says:

    Three years generic diflucan over counter the September 1999 Official Release of the NCPDP Telecommunication Standard Version

  67.   pudding pipe tree Says:

    Good response in return of this matter with real arguments and
    explaining the whole thing concerning that.

  68.   Desmond Dildine Says:

    A Limelight On Fundamental Facets For vimax assessment

  69.   Lin Hagemeier Says:

    Making a decision after Fast Solutions Of vimax

  70.   Maurita Stocki Says:

    You have made your point quite nicely!.

  71.   zirolion duop Says:

    Hi, Neat post. There is a problem with your website in internet explorer, would test this

  72.   Jesus Says:

    Could I take your name and number, please? micardis hct generic to as the carrier identification or the carrier number.
    clomipramine anafranil This code will qualify the entry in the Service Provider ID field

  73.   name Says:

    are producing cooperatives Sol & Cafe, CENFROCAFE, Coopvama, APROCASSI, Unicafe, Coop. Chirinos Prosperity grouped Alto Maranon Corporation and private ,

  74.   name Says:

    Jonathan Kaspar, a PT’s barista who loved soccer and who was killed in a traffic accident in . Caribou Coffee donates ten percent of the sales of Amy’s ,

  75.   name Says:

    Caffeine can cause anxiety, especially in high doses and in those with pre-existing anxiety disorders.,

  76.   name Says:

    year, the point in the harvest when the coffee making up the sample was picked, accidents of drying and processing, etc. A particularly baffling instance of ,

  77.   Patsy Knaggs Says:

    My guess is usually that because mercury thermometer pickup was free of charge, then CFL pickup shall be free also.

  78.   Natural Makeup Says:

    Heya i

Leave a Reply