Federal District Court of New York Holds Google Books Project Is Fair Use

On November 14, 2013, Judge Denny Chin, sitting by designation, granted summary judgment to Google in a class action suit filed in 2005, holding that Google's book scanning and indexing project is a fair use. The decision follows the Court's March 22, 2011, opinion rejecting a proposed class action settlement on the grounds that it was not fair, adequate or reasonable, and the Second Circuit's remand of the case earlier this year for consideration of fair use issues. In assessing the fair use factors set forth in Section 107 of the Copyright Act, the court held that Google's digitization of books is "highly transformative," adds value, serves several important educational purposes, and may enhance the sales of books to the benefit of copyright owners. The Court's decision can be read here.