On April 18, 2016, The United States Supreme Court denied a petition for certior

Question

On April 18, 2016, The United States Supreme Court denied a petition for certiorari (refused to review the lower court’s ruling) in the case of Authors Guild v. Google, Inc., 804 F. 3d 202 - Court of Appeals, 2nd Circuit 2015. That case let stand the ruling of the Court of Appeals which can be found at the following website: https://scholar.google.com/scholar_case?case=2220742578695593916&q=Authors+Guild+v.+Google+Inc&hl=en&as_sdt=4000006 last accessed July 9, 2016. https://www.authorsguild.org/wp-content/uploads/2014/10/Authors-Guild-v.-Google-Petition-no-appendix.pdf last accessed July 9, 2016.

Please write a 500-word summary of fair use as this court decision says it

Explanation / Answer

The books search program which was later called google books offer great benefits to the public and it therefore decided it should be protected under the law under doctrine of ‘Fair Use’. As this is injustice to the writer that the private companies make full digital copies of the books and sell them in the market for their commercial purpose, thus fair doctrine will save the rights of the writers by paying compensation to them. Although, it was believed that all the parties- Reader, writer and Google should sat down and make a genuine compromise on how party will be paid for Google’s use of their work.

Well, to reach and win-win situation for all the parties, it takes 30 months to reach as settlement agreement which came in October 2008 which states that google would pay $125 million to the owners whose books were scanned without permission and the rest of the fund will go to the Books Rights Registry which is an organization set up to distribute the fees to the authors. In the settlement, google will go for charging licensing fees for the work which is being copyrighted and displayed out of the printed books to users. In this way, the settlement becomes the win-win for both the Authors & Publishers which will be paid for their work. Also, in this way Google will continue to scan is projects and promised to implement.

Google continues its arguments that Fair Use is in the public favour decision, and don’t harm the market of books. But, author continues to argue that google books will never able to create that positive impact on the society and at the same time negatively impact the market. Author puts reasons for their statement that if Googe is doing this for Fair use then it should set some standards for not allowing anyone to copy the book for common purpose which will ultimately result in free availability of books online.

In the second circuit ruling, Authors and publishers continue to make it clear to the court that they are not trying to shut google books but only seeking some damages from them for the past losses and asking them to license this system before going forward.

In The Second Circuit, the more importance was given by the court on emerging online markets and failed to accept that the authors and publishers have actually harmed by this. Also, some people feared the decision for Google would give ore gain to the google and Google copying should be protected and Justice Department also feels that Google will gain the monopoly over digitalized books. For the settlement to become effective, it needs court approval but it was found later that the Court rejected it and mention that creation of the digital library would benefit many but it will give Google a monopoly position. Thus argument which was made between private parties will definitely affect the status of so many books. Thus, it need more proper attention of the government and after then only any decision can be made in such cases.

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