Google argues fair use in Google Books case

Friday, Google requested the Court to conclude the seven-year lawsuit about the Google Books project in its favor. In its filing, Google claims its project falls under the scope of the fair use exemption, as it providers enormous public benefit without any demonstrated harm to the authors.

According to Google, the Google Books project is even profitable for authors, as the database makes their works easier to find. Only snippets of books are published, so readers still have to buy the book if they want to read it. "In order to buy a book, a would-be reader first must discover that the book exists and then find a location to buy it. Because discovering a book that interests a reader is the first step in making a sale, the ability to search for and browse a book helps, rather than hurts, the sale of books." the filing states. 

Google started the Google Books project in 2004 already. In 2005, several publishers and authors sued Google for copyright infringement. In 2008, the case seemed to have reached a settlement: Google would have to pay $125 million to resolve the copyright claims. However, judge Denny Chin rejected the settlement in 2011, stating it wasn't fair, adequate and reasonable. The proposal would give Google a market advantage worldwide in the world of digital book publishing. Also, it would give Google the opportunity to massively copy content without prior permission from the authors.

In May of this year, judge Chin granted the class-action status to The Authors Guild, an association of authors, and to groups representing photographers and graphic artists as well. According to him, it was unfair to force authors to sue Google individually. It is more effective to sue as a group, rather than risk different rulings and exponentially higher costs of individual lawsuits, he says.

On 9 October 2012, judge Chin will hear both parties' arguments on whether to proceed or dismiss the court case. FutureOfCopyright.com will keep you updated about the progress of the case.

Read more about the Google Books lawsuit on FutureOfCopyright.com:

• Google Books settlement does not get court approval
• Authors sue Google Books for copyright infringement in class action lawsuit
• Google Books reaches deal with French publisher la Martinière

Source: Reuters

By: Marjolein van der Heide