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Property Law Keyed to Dukeminier
Authors Guild v. Google Inc.
Citation:
13-cv-4829 (2d Cir. Oct. 16, 2015)Facts
Since 2004, Google has scanned and digitized more than 20 million books through agreements with major research libraries worldwide, including works under copyright protection. Google created a search function that allows users to search for specific terms within these books and view “snippets” – small portions of text showing the context in which the searched term appears. Google implemented various restrictions on the snippet view function, including limiting snippets to one-eighth of a page, displaying a maximum of three snippets per search term, and “blacklisting” approximately 22% of each book to prevent it from being displayed. Google also provided participating libraries with digital copies of the books they submitted, with agreements requiring libraries to use these copies in compliance with copyright law. The Authors Guild and individual authors sued Google, claiming copyright infringement. Google defended its actions as fair use under copyright law, arguing that its digitization was transformative and did not harm the market for the original works.
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