The Supreme Court recently declined to hear a challenge from authors who argued that Google’s digital library project was a violation of copyright law. In a letter to the editor of the Washington Post titled “Google Books gets the nod, clarifying ‘fair use,’” Partner Michael Donaldson praised the Court’s choice and elaborated on Judge Pierre N. Leval’s decision at the federal appeals court level.
“The judge explained the history of fair use in the United States and how each of the statutory factors should be viewed when considering whether the use of someone else’s copyrighted material is a fair use or an infringement,” Michael wrote.
Michael believes that this decision will bestow great social benefits on the United States. “The explanation has far-reaching effects for those who are battling specious take-down notices on the Internet,” he wrote. “It makes clear that no numbers-based computer program can make a final determination about whether an Internet use is fair or not.”