Running head: GOOGLES LEGAL BATTLES 1

Googles Copyright Battles and the Fair Use Privilege

Student Name

Institutional Affiliation
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Introduction

In the past decade, Google has been at the center stage in a series of lawsuits against the

corporate giant for alleged infringement of intellectual property rights. Googles announcement

that it will create a search database that will include publications from five of the worlds leading

research libraries sparked public debate and two lawsuits. The move by Google, one of the most

successful firms in the digital economy, has also been a source of fascination for the public,

generating a heated debate between backers of this project and those on the opposite side of the

spectrum. The firms officials can now smile after the Supreme court ended a decade-long

litigation battle over Googles initiative to create a library of millions of digital books. Despite

the plaintiffs accusation that Googles move was a blatant violation of copyright law, the court

went ahead to rule in favor of Google. For a major part of the last decade, Google has been

scanning and digitizing millions of books from different authors and publishers all over the

world. Authors such as Guild started complaining that Googles action was undermining authors

by putting their work online for free. This marked the beginning of a decade-long tumultuous

period of lawsuits against Google.

A thesis statement

This essay sheds light on the positive role played by the US government in protecting against the

infringement of intellectual property rights, argues for Googles definition and perception of the

fair use policy and provides the two sides of the argument centering on the digital library project.
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Purpose of paper

To explain the role played by the government in protecting intellectual property rights,

argue for Googles definition of the fair use policy and decode the reasons behind the two

opposing sides of the digital library project.

Overview of the paper.

The first part of the paper explains why it is a good thing that Google is a US corporation

bound by the countrys laws. The second part provides an argument for Googles fair use policy

while the last part elaborates on the debate between dissenters and backers of the digital library

project.

Body

a. Argue why it is a good or bad thing that Google is a United States corporation bound by U.S.

laws.

Many TSPs are located in the United States and are therefore bound by US laws. This is

the case for Facebook, Twitter, Yahoo and LinkedIn. The bone of contention arises from the fact

that these firms, despite having their headquarters in the US, process personal data from users

around the world. This has stirred a great deal of concern from publishers, publicity and

marketing firms and also judicial authorities from countries beyond the US border. The fact that

Google is bound by US laws is a positive thing because it helps to prevent unscrupulous

corporate misconduct by accessing of information illegally (Winter, 2007). More importantly,

The US laws on property rights discourage from the infringement of copyrights, thus forms a
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concrete foundation for discouraging illegal access to intellectual property. Considering that

Google is an international corporation with a broad client base, the firm should be forefront in

protecting intellectual property rights. It is imperative that the firm considers the kind of

information accessible to users. Absent the United States corporate law, Googles website would

form a platform for black markets to flourish. Therefore, the law helps to regulate activities on

Googles website thus ensuring that the platform is not used for selfish and illegal means. From

another perspective, the US law serves a multifaceted purpose. While it protects owners of

intellectual property from infringement on their rights, it also shields Google from a plethora of

lawsuits that would result if its activities are not monitored and regulated by the government.

b. What is the fair use doctrine and do you think that Google defines it correctly in this

controversy?

Fair use is determined by considering four factors. These are the nature of the work, the

purpose, and character of the use, the amount used in relation to the whole and the impact on the

potential market value of the intellectual property. There is no particular formula and the legal

system weights the factors involved to establish whether they constitute a fair use privilege. In

this case, the fair use doctrine refers to Googles belief that it does not infringe on intellectual

copyright laws in the Google library project. The firm presented this claim in the wake of a

litigation battle that cast the corporate giant in a bad light concerning the infringement of

copyrights. In its defense, Google argued that it had sufficient measures for preventing the illegal

access of publications on their site. One argument used to back up this claim stated that

copyrighted books were only available in a snippet format. This ensured that users could only
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have limited access to the publications, they argued. Publications with less strict copyright laws

had no restrictions and were made fully accessible to users.

To ensure there was no infringement of intellectual property laws, the firm sought to

contact and seek permission from the owners of the publications before displaying them on their

website (Hanratty, 2005). These perspectives provide sufficient evidence that Google defines the

doctrine of fair use properly. Worthwhile to mention, the firm goes an extra mile to share the

revenues accrued with the owners of the publications. This coupled with the fact that Google

uses intellectual property with permission from the owners suffices to render their argument in

line with the fair use doctrine. Google believes that scanning the books and displaying snippets

of publications with strict copyrights constitute the fair use privilege.

c. Explain why some libraries are backers of the project, while others vehemently oppose it.

Different perspectives will help to understand why some libraries embrace Googles

library project while others are against it. First and foremost, those who embrace it believe that

the platform provides an excellent tool for marketing their work. This is particularly because

Google has access to millions of users all over the world. Furthermore, the website has created a

significant impact on people and businesses thus it is quite popular among the internet users.

Therefore, the backers of this project are very optimistic that the firm will give them access to

the much needed global audience to whom they can market their publications (Band, 2006).

Secondly, the impetus to support this project also stems from the lure of a potential

financial gain. Google concurs with libraries on the idea of sharing the revenues from the use of

their publications on their website. The financial gain from such a collaboration will be
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impressive considering Googles e-commerce model is considered one of the best. Apart from

financial gain, backers of this project posit that it will help enhance the standards and quality of

education in the United States. Currently, students struggle to access scholarly materials for their

research and other academic pursuits. The Google Library Project would significantly improve

the academic sector of the country resulting in a very high education standard which translates

into a qualified and productive workforce. Googles use of the publications can be considered as

transformative because the functionality they provide is not available in the print format

therefore this new expression does not replace the old one. If the use is sufficiently

transformative, then it can support the argument of fair use.

The chief concern for dissenters of this project is that it represents all that is evil in

infringement of intellectual property laws. They state that in light of the litigation battles Google

has been involved in, such a project is tantamount to unethical business practice. Many of the

objections to the library project center on the argument that Google will make money from other

peoples work which amounts to exploitation. In as much as the owners also benefit from the

revenue from their publications, Google earns 99% of its considerable profits from advertising.

Can the firm be so unscrupulous that it seeks to bolster its profits by infringing the rights of

authors and publishers? Whats more they argue that such use of intellectual property is not

covered by any exception in any relevant legislation. Google does not have any right to digitize

intellectual property despite the financial gains they promise to the owners.
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Conclusion Summary of main points

The US government plays a critical role in protecting both Google and the authors and

publishers of intellectual property from unfair lawsuits and exploitation respectively. The

concept of fair use has generated a hot debate in the recent past and Google has been the litigant

in of a couple of lawsuits. While the library project has been embraced by some, others have

vehemently opposed it on the grounds that it constitutes an exploitation of the authors and

publishers intellectual property rights. Those in favor of this project cite some key benefits such

as an improvement in standards and quality of education in the country and the potential of a

financial gain on the part of the authors and publishers because the project will facilitate access

to a larger audience.

Lessons Learned and Recommendations

The most important takeaway from this case study is the input of the government in

protecting against infringement of copyrights and the factors that constitute a fair use privilege.

The actions of Google seemed like a blatant violation of intellectual property rights. However,

from looking at it through a legal lens, the move satisfied most, if not all of the four factors that

constitute a fair use privilege. However, I recommend that in future, the firm should first reach

out to authors and publishers before using their work. This would prevent a plethora of legal

battles that inflict significant damage on the companys reputation and finances.
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References

Band, J. (2006). The google library project both sides of the story.Information outlook, 10(6), 35-

36

Hanratty, E. (2005). Google Library: Beyond Fair Use?. Duke L. & Tech. Rev., 2005, 10-26.

Winter, H. J. (2007). The Role of the United States Government in Improving Intellectual

Property Protection. JL & Tech., 2, 325.