Art Law Report

Fair Use and Social Utility: Google Books Case Could Drive Copying of Visual Arts in the Name of Access

Posted by Nicholas O'Donnell on September 30, 2013 at 5:15 AM

Comments by the federal judge overseeing the copyright dispute arising out of the Google Books project could portend a lasting effect on reproductions of visual arts. Elevating the question of social benefit in a fair use analysis, Judge Denny Chin of the U.S. District Court for the Southern District of New York posed a question that, applied broadly (which is no theoretical proposition where Google is involved) could turn fair use analysis on its head. Time will tell if the comments were oral argument musings or something more lasting.

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Topics: Google Books, 17 U.S.C. § 107, Copyright, The Authors Guild, intellectual property, Judge Denny Chin, Fair Use

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