On September 20, 2005, the Authors Guild, together with Herbert Mitgang, Betty Miles and Daniel Hoffman, filed a class action lawsuit against Google for its Book Search project. According to the Authors Guild, Google was committing copyright infringement by scanning books that were still in copyright. (Google countered that their use was fair according to US copyright law.)
On October 28, 2008, after several years of legal wrangling, Google, the Association of American Publishers (AAP), and the Authors Guild reached a settlement agreement concerning Google’s scanning of copyrighted works. The scanning of these works has been done in cooperation with research libraries throughout the United States. The settlement agreement requires court approval by the presiding judge in the U.S. District Court in New York because the case was brought as a class action suit on behalf of selected copyright owners.
In large part, the settlement focuses on in-copyright books that are not commercially available. Public domain works fall outside of the settlement and owners of commercially available, in-copyright books created prior to January 5, 2009, may opt-out of the settlement or opt-in to other terms with Google. As a part of the settlement agreement, Google will fund the establishment of the Book Rights Registry. The Registry, jointly run by authors and publishers, will collect and distribute royalties including an up-front payment by Google of $45 million. Users will have several new opportunities to access scanned books, both free and fee-based, via public and university libraries and through institutional subscriptions for academic, corporate, and government libraries and organizations.
On November 14, 2013, Judge Chin of the Second District Court granted Google's motion for summary judgment, and judgment was entered in favor of Google dismissing the case. In his ruling, Judge Chin cited the amicus brief submitted in November 2012 by the Library Copyright Alliance.
November 16, 2012 amicus brief: Authors Guild v. Google Inc. (PDF)
September 23, 2013 court transcript: Herbert Mitgang, et al., v. Google, Inc. (PDF)
November 14, 2013 summary judgment: Authors Guild v. Google Inc. (PDF)