University of Miami Law Review Volume 61 Number 1 Volume 61 Number 1 (October 2006) Article 4 10-1-2006 Google Book Search and Fair Use: iTunes for Authors, or Napster for Books? Hannibal Travis Follow this and additional works at: https://repository.law.miami.edu/umlr Part of the Law Commons Recommended Citation Hannibal Travis, Google Book Search and Fair Use: iTunes for Authors, or Napster for Books?, 61 U. Miami L. Rev. 87 (2006) Available at: https://repository.law.miami.edu/umlr/vol61/iss1/4 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact
[email protected]. Google Book Search and Fair Use: iTunes for Authors, or Napster for Books? HANNIBAL TRAVIS* Google plans to digitize the books from five of the world's big- gest libraries into a keyword-searchable book-browsing library. Pub- lishers and many authors allege that this constitutes a massive piracy of their copyrights in books not yet in the public domain. But I argue that Google's book search capability may be a fair use for two inter- related reasons: it is unlikely to reduce the sales of printed books, and it promises to improve the marketing of books via an innovative book marketing platform featuring short previews. Books are an experi- ence good in economic parlance, or a product that must be consumed before full information about its contents and quality becomes availa- ble.