Brief of Amicus Curiae Authors Alliance in Support of Defendant-Appellees and Affirmance (The Authors Guild, Inc., et al. v. Google, Inc., et al.) (Second Circuit)

40 Pages Posted: 27 Jul 2014

See all articles by Pamela Samuelson

Pamela Samuelson

University of California, Berkeley - School of Law

David R. Hansen

Duke University Libraries; University of North Carolina School of Law; University of California, Berkeley - School of Law

Date Written: July 10, 2014

Abstract

In this case the Authors Guild has challenged the legality of Google's scanning, indexing, and display of snippets through its Book Search tool. Authors Alliance submitted this brief in support of Google because the dismantling of Book Search would be harmful to Authors Alliance's mission of helping authors reach readers. Book Search is an important tool through which Authors Alliance members can reach wider audiences. Many Authors Alliance members are authors of the sort of books Google scanned most often for Book Search, which are those typically found in research library collections.

The brief explains three reasons why Google's Book Search uses are fair uses under U.S. copyright law: First, because Google’s method of making books more findable — including displaying snippets of text — represents a significant transformative use that is unlikely to serve as a substitute for the original works; second, because Google Books does precisely what authors of books in research library collections want for their books in rescuing them from obscurity in print library collections and making them more discoverable online; and third, because by making knowledge more accessible, Google Books provides broad social benefits to both authors and the public.

Keywords: copyright, transformative, fair use, Google, HathiTrust, Authors Alliance, academic authors, search engine

Suggested Citation

Samuelson, Pamela and Hansen, David R., Brief of Amicus Curiae Authors Alliance in Support of Defendant-Appellees and Affirmance (The Authors Guild, Inc., et al. v. Google, Inc., et al.) (Second Circuit) (July 10, 2014). Available at SSRN: https://ssrn.com/abstract=2470549 or http://dx.doi.org/10.2139/ssrn.2470549

Pamela Samuelson

University of California, Berkeley - School of Law ( email )

Boalt Hall
341 North Addition
Berkeley, CA 94720-7200
United States
(510) 642-6775 (Phone)
(510) 643-2673 (Fax)

David R. Hansen (Contact Author)

Duke University Libraries ( email )

100 Fuqua Drive
Durham, NC 27708-0204
United States

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

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