Google calls book scanning “transformative” in latest push for fair use ruling

Google and the Authors Guild’s eight-year legal fight over digital books is coming to a head once again, as both sides prepare to make their final case about whether Google’s scanning of more than 20 million library books is fair use under copyright law.

In documents filed in New York federal court, Google argues at length that the scanning is “transformative,” a legal term for fair use under copyright law. Both parties are invoking the publishing practices of Amazon to support their position on fair use: Google notes that Amazon’s Book Search pages can lead to a sale for the author on Amazon, and points out that Amazon’s own “Search Inside the Book” feature displays entire pages of a book. The Authors Guild, meanwhile, claims that Google Book Search pulls away customers who would otherwise buy books on Amazon.