October 1, 2014

Appeals Court Upholds Wins for Fair Use in HathiTrust Case

Hathi Trust logo

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.

Authors Guild Appeals Dismissal of Google Books Lawsuit

Google Books Logo

Last November Judge Denny Chin dealt a blow to the lawsuit filed by publishers and the Author’s Guild against tech giant Google and its Google Books Service (GBS). Chin, of the 2nd Circuit U.S. Appeals Court, dismissed the case, which challenged the legality of GBS providing searchable PDFs of copyrighted works when Judge Denny. On Friday, April 11, the Guild filed an appeal in the case, marking the latest flareup in a long-running suit with major implications for copyright law in the U.S.

Posting A Parody Video? Read This First.

Good Morning America setting up to film at the Lansdowne library

Lansdowne Public Library’s “Read It” video, based on Michael Jackson’s “Beat It”, was originally yanked from YouTube for a copyright violation. But the story may have a happy ending: the library director told LJ that “The Lansdowne Public Library ‘Read It!’ parody is back up on YouTube and I believe that it will stay there.”

Fair Use Panel Cautions Against Adopting Georgia State Ruling as Definitive | ALA Annual 2012

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.

Columbia Panelists Urge Vigorous Exercise of Fair Use

Librarians and educators attending two panel sessions at Columbia University on Tuesday were told that they must employ fair use in a reasonable and robust manner in order to avoid deforming their mission to advance knowledge.

UPDATED: ALA Midwinter 2012: Fair Use a Good Argument Even in an Age of Mass Digitization

digitization-in-progress

Librarians frequently do not apply their fair use rights under the Copyright Act in a robust manner when engaged in digitization projects, and they focus, instead, on risk aversion, to the detriment of scholarship and their patrons.

Parties in GSU Copyright Case Get in Their Last Digs

On June 7, when U.S. District Senior Judge Orinda D. Evans heard closing arguments in Atlanta on the major copyright suit against Georgia State University, she said “There is no road map out there.” When Evans renders her eagerly awaited verdict in Cambridge University Press et al. v. Patton et al., it will likely provide […]