Authors Guild, Inc. v. Google Inc. (2015)

Issues

• Is it fair use to scan entire books to create a searchable index and show snippets to users?
• Do library copies supplied by Google make Google secondarily liable if a library misuses them?

Rules

Fair use is judged by four factors, applied with common sense:

1. Purpose & Character: Is the use transformative (new purpose, different function)?
2. Nature of Work: Creative vs. factual; published vs. unpublished.
3. Amount Used: How much was taken and why was it needed?
4. Market Effect: Does the use substitute for the original or harm its markets?

Facts (Timeline)

Google partnered with major research libraries to digitize millions of books.

Google stored the digital files on its servers and backups, and created a full-text search index.

Public users saw only small text snippets in search results.

Google also provided digital copies to partner libraries for their lawful uses.

The Authors Guild and others sued, alleging copyright infringement.

The District Court ruled for Google. The Second Circuit affirmed on appeal (Oct 16, 2015).

Arguments

Judgment

The Second Circuit affirmed the District Court: Google’s conduct is fair use. Scanning enabled a search function that boosts public knowledge without providing a substitute for the books.

• Providing copies to libraries for lawful, non-infringing uses is not infringement.
• Full-text copying was justified to make search work, while public display remained limited.

Ratio (Core Reason)

• Transformative purpose: turning books into a searchable index, not a reading substitute.
• Amount used: copying full texts was necessary for full-text search; public saw snippets only.
• Market effect: no meaningful substitution; the project did not replace normal markets.

Why It Matters

The case supports building tools that help users find information. It shows that even large-scale copying can be fair use when it serves a new purpose, protects sales, and limits what the public sees.

Key Takeaways

• Fair use can apply to full-text scanning when the goal is search, not reading.
• Snippets help users locate information without replacing the book.
• Supplying libraries with copies for lawful uses is not contributory infringement.

Mnemonic + 3-Step Hook

Mnemonic: “SCAN & SNIP = FAIR SEARCH”

• SCAN full text to index (transformative).
• SNIP what you show (snippets only).
• Keep SALES safe (no market substitute).

3-Step Hook:

1. Is the use a new function (search)?
2. Was full copying needed, and is display limited?
3. Is there no replacement of the book’s market?

IRAC Outline

Issue: Does scanning entire books and showing snippets qualify as fair use?

Rule: Apply the four fair use factors (purpose, nature, amount, market effect).

Application: Transformative search tool; full copying needed; snippets limit exposure; no market substitution.

Conclusion: Fair use; judgment for Google.

Glossary

Snippet

A short, limited preview of text shown in search results.

Transformative Use

A use with a new purpose or function, different from the original.

Market Substitution

When a copy replaces the need to buy or license the original work.

FAQs

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