Document Type


Publication Date

Fall 2006


This article considers the fair use doctrine as it applies to Google's Library Search Project and both predicts and advocates for a finding of fair use. Part I briefly reviews the past by considering the pertinent history of the fair use doctrine. It also explains the details of the current suit over Google's Library Project. Part II moves on to consider the current state of fair use analysis by reviewing 110 fair use cases and conducting simple statistical analyses. It then explains and applies the fair use doctrine to Google's project. Part III considers cases frequently compared to Google's and discusses their impact on Google's lawsuit. Part IV departs from a Google-centered analysis and examines the possible future of the four factors by suggesting modifications to the fair use doctrine.