The Authors Guild v. Google, Inc.

Filing 6

FORM C, on behalf of Appellant Jim Bouton, Joseph Goulden, Betty Miles and The Authors Guild, FILED. Service date 01/06/2014 by CM/ECF.[1126648] [13-4829]

Addendum B
Issues Proposed to be Raised on Appeal

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Did the District Court err in deciding that Defendant-Appellee Google Inc.’s
(“Google”) mass digitization program, which resulted in millions of
copyright-protected print books, including books owned by PlaintiffsAppellants (the “Authors”), being copied, in full, into digital format and
stored on multiple servers connected to the Internet without the permission
of copyright owners and for purely commercial purposes, is a “fair use” and
therefore not an infringement of the Authors’ reproduction right under
Section 106(1) of the Copyright Act, 17 U.S.C. § 106(1)
Standard of Review: De Novo

•

Did the District Court err in determining that Defendant-Appellee’s
distribution of Plaintiffs-Appellants’ copyrighted works, including to the
libraries from which Google obtained the books as compensation for allowing
Google to scan and copy the books, is a “fair use” and therefore not an
infringement of the Authors’ distribution right under Section 106(3) of the
Copyright Act, 17 U.S.C. § 106(3)?
Standard of Review: De Novo

•

Did the District Court err in determining that Defendant-Appellee’s display of
portions of Plaintiffs-Appellants’ copyrighted works to the public, including
passages that contain highly creative expression that represents the “heart”
of the works, is a “fair use” and therefore not an infringement of the Authors’
display right under Section 106(5) of the Copyright Act, 17 U.S.C. § 106(5)?
Standard of Review: De Novo