Google acknowledges that it cannot digitize copyright material from European libraries, according to InformationWorldReview, which cites Association of Learned and Professional Society Publishers (ALPSP) chief executive Sally Morris, who said that at a meeting with Google attended by various publishing groups, Google agreed it was "absolutely the case that it is not allowed to [digitise in-copyright material from libraries] in Europe."
In the U.S., Google has cited the "fair use" law to justify scanning of in-copyright material from libraries, whereas the European equivalent, "fair dealing," more broadly prohibits such digitization.