Editor's Note :

Editor's Note :

We expect additional orders from the December 8 conference on Monday at 9:30 a.m.

Authors Guild v. Google, Inc.

Petition for certiorari denied on April 18, 2016
Docket No. Op. Below Argument Opinion Vote Author Term
15-849 2d Cir. N/A N/A N/A N/A OT 2015

Issue: (1) Whether, in order to be “transformative” under the fair-use exception to copyright, the use of the copyrighted work must produce “new expression, meaning, or message,” as this Court stated in Campbell v. Acuff-Rose Music, Inc. and as the Third, Sixth, and Eleventh Circuits have held, or whether the verbatim copying of works for a different, non-expressive purpose can be a transformative fair use, as the Second, Fourth, and Ninth Circuits have held; (2) whether the Second Circuit’s approach to fair use improperly makes “transformative purpose” the decisive factor, replacing the statutory four-factor test, as the Seventh Circuit has charged; (3) whether the Second Circuit erred in concluding that a commercial business may evade liability for verbatim copying by arguing that the recipients of those copies will use them for lawful and beneficial purposes, a rationale that has been flatly rejected by the Sixth Circuit; and (4) whether a membership association of authors may assert copyright infringement claims on behalf of its members.

DateProceedings and Orders
Dec 31 2015Petition for a writ of certiorari filed. (Response due February 1, 2016)
Jan 14 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Jan 14 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent
Jan 15 2016Order extending time to file response to petition to and including March 1, 2016.
Feb 1 2016Brief amici curiae of International Authors Forum (IAF), et al. filed.
Feb 1 2016Brief amici curiae of American Society of Journalists, et al. filed.
Feb 1 2016Brief amici curiae of Elsevier, Inc., et al. filed.
Feb 1 2016Brief amicus curiae of The Copyright Alliance filed.
Feb 1 2016Brief amici curiae of Text and Academic Authors Associaton, et al. filed.
Feb 1 2016Brief amici curiae of Copyright Clearance Center, Inc., et al. filed.
Feb 1 2016Brief amici curiae of Authors Malcolm Gladwell, et al. filed.
Mar 1 2016Brief of respondent Google, Inc. in opposition filed.
Mar 15 2016Reply of petitioners The Authors Guild, et al. filed.
Mar 16 2016DISTRIBUTED for Conference of April 1, 2016.
Apr 11 2016DISTRIBUTED for Conference of April 15, 2016.
Apr 18 2016Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
 
Share:
Term Snapshot
Awards