On June 10, the U.S. Second Court of Appeals handed down its latest decision in the continuing legal battle between the HathiTrust and the Authors Guild, and it is good news for fair use advocates. A three judge panel largely confirmed the decision handed down in 2012, which found that the HathiTrust’s activities of digitizing books from its member libraries and increasing their discoverability by letting users search for key terms within titles are fair use. The court also upheld Baer’s finding that the Guild lacks standing to bring cases as an association, though individual members can do so.
In northern Kentucky this spring, the more things change the more they stay the same for the embattled Campbell (CCPL) and Kenton County Public Libraries (KCPL). After the state General Assembly came close, but ultimately failed to deliver a legislative solution to their longstanding legal woes, the library systems have little recourse except to wait for an appeals court decision that will help determine how they—and potentially the majority of Kentucky libraries—can raise tax revenue.
The first weeks of March were busy for litigation in the library world as the American Library Association (ALA) and Freedom to Read Foundation (FTRF) weighed in on a pair of cases headed to the Supreme Court. While neither impacts libraries directly, both have the potential to be big decisions that shape precedent on freedom of speech and privacy rights.
The Federal Bureau of Investigation (FBI) and New York City’s Department of Investigation (DOI) have launched a joint investigation into Queens Library (QL) president and CEO Thomas Galante. The New York Daily News reports that on February 28, federal investigators arrived at the Central Library branch in Jamaica, Queens, NY. There they served subpoenas to Galante and Frank Marino, a construction consultant whose firm has managed 15 projects for QL since 2008—and who works at the Elmont Union Free School District, the same Long Island, NY, school system where Galante holds a part-time consulting position netting him compensation in the six figures.
In the wake of a January court ruling that struck down the Federal Communication Commission’s (FCC) standards for ensuring that Internet traffic is delivered without bias—a standard industry watchers refer to as ‘net neutrality’—the agency has issued a new proposal outlining a new set of rules to ensure Internet users have uncensored access to the full content of the Internet. Some experts, though, don’t think these new rules will be any more enforceable than those overturned earlier this year.
Academic software and services company Cengage Learning last year filed for Chapter 11 Bankruptcy protection on July 2, 2013 to restructure its $5.8 billion debt load. This week, the company announced a deal with its major creditors and stakeholders and a reorganization plan that executives say will mark the beginning of a path out of bankruptcy and back to financial health.
In a ruling that could have serious implications for the way Internet access is regulated in the United States, the Washington, D.C. Circuit Court of Appeals ruled this morning that the Federal Communications Commission (FCC) does not have the authority to impose so-called ‘net neutrality’ rules on Internet service providers (ISPs).
A great deal of my professional life is spent trying to make a body of law from the analog age, the 1976 Copyright Act, fit into the digital world. It is a difficult task, but today I want to discuss a different body of law from the same era—the Family Educational Rights and Privacy Act of 1974 (FERPA), aka the Buckley amendment—and how it can fit with the new activities we are engaged in in the online age.