On November 8, the Authors Guild appealed the verdict in its case against the HathiTrust to the U.S. Court of Appeals Second Circuit. The Guild had filed suit against the Trust in 2011, alleging that the Trust’s digitization efforts constituted copyright infringement. However, on October 10, Judge Baer of the United States District Court Southern [...]
The Honorable Harold Baer, Jr., yesterday held that the HathiTrust’s mass digitization is fair use, in spite of the challenges raised in a lawsuit by the Author’s Guild and others, both associations and individual authors. Crucial to his reading of the case is Baer’s rejection of the plaintiff’s theory that section 108 of the copyright law prevents libraries claiming fair use as a defense.
Baer said in his opinion, “I cannot imagine a definition of fair use that would not encompass the transformative uses made by Defendants’ MDP, and would require that I terminate this invaluable contribution to the progress of science and cultivation of the arts that at the same time effectuates the ideals espoused by the ADA.”
The U.S. Circuit Court of Appeals for the Second Circuit will allow Google to appeal the class action status of the seven-year old Google Inc. v. Authors Guild case, the court announced in an order this morning. Decertifying the case would force Author’s Guild members who dispute the digitization of their works to sue Google individually. Google has argued that many authors have benefited economically from its Google Books project, and whether a scan violated copyright or was protected under fair use doctrine should be determined on a case-by-case basis.
Highlighting a number of cases and rulings covering digital fair use— including the recent Georgia State ereserves verdict as well as Authors Guild vs. Google, Authors Guild vs. HathiTrust, and AIME vs. UCLA – the “Fair Use, Intellectual Property, and New Media” panel at the ALA Annual Conference in Anaheim, CA played to a standing-room only room eager for expert analysis on which direction the library fair use winds are blowing.
Google appealed Judge Denny Chin’s order granting the Authors Guild class certification in the ongoing litigation between the two over whether Google Books is fair use. In its filing, Google again raised the issue of “whether class plaintiffs seeking to stop alleged copyright infringement can adequately represent class members who benefit from the defendant’s conduct [...]
The Authors Guild’s case against Google Books is now a class action suit, as of May 31. Judge Denny Chin did not find Google’s survey showing that many authors have different views of the damage done them, if any, by Google Books, reason enough not to certify the class. “That some class members may prefer [...]
Judge Chin heard oral argument in the Google Books case on May 4 and ultimately reserved decision. The parties will go ahead with their summary judgment motions, with oral argument scheduled for September. According to New York Law School professor James Grimmelmann’s Labortorium blog, Google argued that individual authors, not the Author’s Guild, should be [...]
On April 20 the Hathi Trust filed a motion opposing the Author’s Guild’s latest move in the ongoing lawsuit between the two, in which the Guild filed for partial judgment on the pleadings on February 28. The Trust said the Guild’s argument defied common sense as well as Congressional intent in denying that libraries, like [...]
In the ongoing litigation between the Hathi Trust and the Author’s Guild over the Trust’s book digitization in partnership with Google, the Guild filed for partial judgment on the pleadings on February 28. In essence, the Guild claimed that the more than 60 libraries and institutions in the trust are infringing on copyright because their book digitization activities “are wildly exceeding” those defined in section 108 of the 1976 Copyright Act.