The Authors Guild and several individual authors sued Google for its “Google Books” tool. The Google Books tool was developed by copying millions of books without authorization of the copyright owners and displaying “snippets” of the books to persons searching the internet. The district judge certified a proposed class of copyright owners pursuant to Rule 23.1 of the Federal Rules of Civil Procedure. Google appealed. On this appeal, the Second Circuit vacated and remanded for a consideration of Google’s defense of fair use. Google persuaded the Second Circuit that a fair use analysis would inform and perhaps moot the Court’s consideration of class certification issues including those relating to the commonality of plaintiff’s injuries, the typicality of their claims, and the predominance of common questions of law or fact.
To read Judges Leval, Cabranes, and Parker's decision, click here.
Copyright law, fine art and navigating the courts. All practice, no theory.Copyright Litigation Handbook (Thomson Reuters Westlaw 2012-2013) by Raymond J. Dowd