Supreme Court Denies Cert to Authors Guild in Google Books Case
The Supreme Court denied the Authors Guild's petition for a writ of certiorari seeking a review of the 2nd U.S. Circuit Court of Appeals' ruling in the Google Books case, as expected (see 1601040063). Justice Elena Kagan “took no part in the deliberation or decision of this petition,” the Supreme Court said Monday in its brief order denying the guild petition. The guild sought a review of the 2nd Circuit's ruling that the Google Books project to digitize portions of the world’s books is a “transformative” example of fair use, arguing there was a split among circuit courts on how to interpret the fair use doctrine.
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The guild believes denial of the group's petition is “a colossal loss” for authors, President Roxana Robinson said in a news release. “We filed the class action lawsuit against Google in September 2005 because, as we stated then, ‘Google’s taking was a plain and brazen violation of copyright law.’ We believed then and we believe now that authors should be compensated when their work is copied for commercial purposes.” The decision is “further proof that we’re witnessing a vast redistribution of wealth from the creative sector to the tech sector, not only with books, but across the spectrum of the arts,” Robinson said. The guild will “continue to monitor Google and its library partners to ensure these standards are met, as we will take appropriate action to ensure that fair use isn’t abused,” General Counsel Jan Constantine said. Google didn't comment.
The Copyright Alliance, one of several groups that filed amicus briefs in support of the guild, believes the Supreme Court “let stand a [2nd Circuit] decision that dramatically expands the boundaries of the fair use doctrine’s transformative use test, which affects creators and copyright owners of all types,” President Keith Kupferschmid said in a statement. “It missed a golden opportunity to provide critical guidance to copyright owners, users, the public and the courts as to how the fair use doctrine should apply to new types of uses -- functional uses -- made possible by new technologies and for which there is no existing, adequate fair use test.”
The Electronic Frontier Foundation, which supported Google, believes the decision provides additional “breathing space in copyright law” by making sure that “the rights of the public expand at the same time” the use of copyright technologies expand, said Legal Director Corynne McSherry in a blog post. “The Supreme Court made the right call. Its decision will finally end this litigation, and leave intact a fair use doctrine that is robust and flexible enough to counterbalance the copyright creep that would stifle new innovation and creativity.” The decision “reflects awareness and understanding of how the tools of the digital age can foster greater access to knowledge and information,” said Re:Create Coalition Executive Director Josh Lamel in a statement. “Our copyright laws were established to help expand access to information, and today the nation's highest court affirmed that the Google Books project benefits public knowledge.”