The Google Library Project presents what many consider to be the perfect fair-use problem. The legal debate surrounding the Library Project has centered on the Ninth Circuit’s Kelly v. Arriba Soft. Yet recent case law presents new arguments for both sides of the Library Project litigation. This iBrief analyzes two Ninth Circuit district court decisions on fair use, Field v. Google, Inc. and Perfect 10 v. Google, Inc., and their impact on the Library Project litigation.
Cameron W. Westin, Is Kelly Shifting Under Google’s Feet? New Ninth Circuit Impact on the Google Library Project Litigation, 6 Duke Law & Technology Review 1-23 (2007).