Google the Gozerian and Fair Use Slimed: Copyright Again in the Technocrat's Den

59 Pages Posted: 8 Sep 2014

See all articles by Brian Sites

Brian Sites

University of Miami - School of Law

Date Written: 2006

Abstract

This article considers the fair use doctrine as it applies to Google's Library Search Project and both predicts and advocates for a finding of fair use. Part I briefly reviews the past by considering the pertinent history of the fair use doctrine. It also explains the details of the current suit over Google's Library Project. Part II moves on to consider the current state of fair use analysis by reviewing 110 fair use cases and conducting simple statistical analyses. It then explains and applies the fair use doctrine to Google's project. Part III considers cases frequently compared to Google's and discusses their impact on Google's lawsuit. Part IV departs from a Google-centered analysis and examines the possible future of the four factors by suggesting modifications to the fair use doctrine.

Suggested Citation

Sites, Brian, Google the Gozerian and Fair Use Slimed: Copyright Again in the Technocrat's Den (2006). 47 Jurimetrics 31 (2006), Available at SSRN: https://ssrn.com/abstract=2492604

Brian Sites (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States

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