Washington Journal of Law, Technology & Arts


Ari Okano


Internet companies, libraries, and archives increasingly are digitizing literary information and providing access to digitized content through Internet search engines. This Article compares digital book search engines from Google, Yahoo!, Amazon.com, and MSN and highlights the different approaches to each of these models. In the fall of 2005, two copyright infringement lawsuits were filed against Google for their new search engine, Google Book Search. At issue in both lawsuits is a component of Google Book Search, Google’s Library Project, through which Google is digitizing the entire library content—including copyrighted material—of the University of Michigan library. This Article examines the limits of the fair use defense to copyright infringement in the Google cases to help establish what is permissible with respect to digitizing copyrighted materials and providing associated search features.

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