The proposed settlement of the action filed by the Authors Guild and the American Association of Publishers in 2005 hinges on Google's ability to include content from books online. A particularly contentious issue is that of "orphan" works which are still under copyright, but the authors or copyright owners of which cannot be traced.
Background note: This dispute (more properly The Authors Guild Inc et al v Google Inc, Case No 05 CV 8136) reached a provisional settlement last autumn (or should that be "fall"?) under which Google is to obtain broad rights to monetise the books it has scanned into its BookSearch system for a down payment of $125 million and an ongoing 63% of revenue: see here
Text by John Enser and Jeremy Phillips