The Plaintiffs, Author’s Guild and several individual authors, allege that Google’s activities constitute infringement of Plaintiffs’ copyrighted works and sought injunctive relief, declaratory relief and damages. Google defended on grounds of fair use under the Copyright Act, 17 U.S.C. §107 and the district court agreed and granted summary judgment in favor of Google.
On appeal, in an unanimous decision, the Second Circuit upheld the district court’s grant of summary judgment holding that Google’s book-scanning project qualifies as fair use and rejected claims from the that the project is an infringement. Although the Court said the case "tests the boundaries of fair use", it held that “Google’s making of a complete digital copy of Plaintiffs’ works for the purpose of providing the public with its search and snippet view functions (at least as snippet view is presently designed) is a fair use and does not infringe Plaintiffs’ copyrights in their books.” Specifically, the Court concluded that “Google’s making of a digital copy to provide a search function is a transformative use, which augments public knowledge by making available information about Plaintiffs’ books without providing the public with a substantial substitute for matter protected by the Plaintiffs’ copyright interests in the original works or derivatives of them. The same is true, at least under present conditions, of Google’s provision of the snippet function.” Although representatives for Plaintiffs have said they will try to appeal the ruling to the Supreme Court, it remains to be seen whether the Supreme Court will take up the case.
A link to the Second Circuit decision can be found here.