Industry & Advocacy News
April 16, 2014
Authors Malcolm Gladwell, J.M. Coetzee, Michael Pollan, Margaret Atwood, Peter Carey Support Lawsuit Against Google’s Theft of Books Through Digitization
New York, NY- Prize-winning authors, international rights organizations, and legal experts Monday joined the Authors Guild in fighting what they call Google’s dangerous and unprecedented violation of copyright law. They filed eight stinging friend-of-the-court briefs in support of the Guild’s appeal in Authors Guild v. Google, agreeing that Judge Denny Chin’s decision in the case should be overturned. The briefs can be viewed in their entirety at the end of this blog post.
“Google’s ambitions respected no borders,” said Authors Guild president Roxana Robinson. “Millions of copyrighted books by authors from every major country were swept in to Google’s scheme. As the new filings demonstrate, not just authors but also photographers, visual artists, songwriters, and publishers around the world find it particularly galling that a wealthy American company would try to find a way to use their creations for free.”
Authors from Australia, Canada, and South Africa joined one brief, including Margaret Atwood, Thomas Keneally, J.M. Coetzee, Yann Martell, Peter Carey and Michael Frayn. In a separate filing, an array of international rights organizations warned that if this massive expansion of “fair use” is allowed to stand it turns the United States into a rogue nation, in violation of international norms of copyright.
Copyright experts, including Marybeth Peters, Former U.S. Copyright Register, Jon Baumgarten, Former General Counsel, U.S. Copyright Office, and professor Raymond T. Nimmer, filed briefs as well.
American authors Malcolm Gladwell, Michael Pollan, Karen Russell, Ursula K. Le Guin, Ron Larson, Taylor Branch, Tracy Chevalier, Lawrence Hill, Diane McWhorter, Robert Christopherson and Tracy Kidder submitted a brief that highlights how Google has left little room for authors and publishers to develop partnerships and licensing opportunities of their own.
And fifteen U.S. groups, representing textbook authors, songwriters, visual artists, illustrators and photographers, filed briefs of their own. These organizations collectively represent thousands upon thousands of individuals dependent on copyright for their livelihoods. Their conclusion sums up the strong case against Google: “One group cannot simply be allowed to take from creators and give works to the public for free with impunity. This undermines the very purpose of copyright law and ultimately of fair use.”
The Authors Guild first sued Google in 2005, citing “massive copyright infringement” in developing its Google Book Search database. The Guild filed its brief on April 11, 2014 with the U.S. Court of Appeals for the Second Circuit Court in Manhattan.
Friend of the Court Briefs
1) Malcolm Gladwell, J.M. Coetzee, Michael Pollan, Margaret Atwood, Peter Carey…
Amicus Brief for Authors C (PDF)
Amicus Brief for Authors C (Text)
2) International Authors Forum
Amicus International Authors C (PDF)
Amicus International Authors C (Text)
3) Fifteen US authors’ and artists’ groups
Amicus Brief American Photographic Artists Et Al C (PDF)
Amicus Brief American Photographic Artists Et Al C (Text)
4) Raymond T. Nimmer, Jon Baumgarten, Stuart Brotman, Mathew Barblan
Amicus Baumgarten C (PDF)
Amicus Baumgarten C (Text)
5) International publishing groups
Amicus International Publisher C (PDF)
Amicus International Publisher C (Text)
6) American Society of Journalists & Authors
Amicus American Society of Journalists and Authors C (PDF)
Amicus American Society of Journalists and Authors C (Text)
7) Motion Picture Association of America
Amicus Brief MPAA C (PDF)
Amicus Brief MPAA C (Text)
8) Copyright Alliance
Amicus Copyright Alliance C (PDF)
Amicus Copyright Alliance C (Text)