Jason Bloom in Westlaw Journal Intellectual Property: Google Books Does Not Infringe Authors' Copyrights, Appeals Court Rules

10/29/2015

Google's Library Project, which has digitized millions of copyrighted books and allows Internet researchers to search through “snippets” of text, does not infringe copyrights held by authors in the works, the 2nd U.S. Circuit Court of Appeals has ruled.

Google's search function is fair use because it is transformative meaning that it communicates something new and different from the original as it makes book information available without providing the public a substantial substitute for the original works, the appeals court said ...

Jason Bloom, head of the copyright practice at Haynes and Boone in Dallas, who was not involved in the litigation, said the decision sets important boundaries on copyright law and acknowledges an often murky dividing line between the fair use defense and an author's exclusive rights to make and authorize derivative works.

“The 2nd Circuit reached the right result by finding that the Google Books projects is a transformative fair use,” Bloom said.

Excerpted from Westlaw Journal Intellectual Property. To read the full article, please click here (subscription required).



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