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ARTICLE · 05 DECEMBER 2014

When Is Copying Content Fair Use? Does The Analysis Need To Be So Complicated?

Stites & Harbison PLLC
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Google is in the news again for the Google book project, which is Google’s ambitious effort to digitize all books.

United StatesIntellectual Property
Stites & Harbison PLLC
Stites & Harbison PLLC
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Google is in the news again for the Google book project, which is Google's ambitious effort to digitize all books.  Google was sued in 2005 by The Authors Guild, which according to its website: "has been the published writer's advocate for effective copyright, fair contracts, and free expression since 1912."  The 2-second version is: Google is copying books without obtaining permission from all authors so a group of authors represented by The Authors Guild sued Google.  Last November (2013) a Federal district court ruled that "yes" Google copied the books without permission, but that it was a "fair use" of the books.

Fair use is something of a catchphrase in copyright-speak.  It is an exception to the general rule that one of an author's rights is the right to control reproduction or publication of a work.  How do you decide if something is infringing or fair use?

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