Federal judges on Monday overturned a lower court's decision to grant class-action status to authors in their suit against Google's Books, a move seen as a win for Google, which will now have to defend its book-scanning program under "fair use."
The decision by the Second Circuit Court of Appeals in New York means the case brought by the Authors Guild will be sent back to a lower court judge.
http://news.investor...action-status.htm
Link may (or not) work.
Seems to me that, if not much of the book was presented to the viewer, it would be fair use.