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Authors Guild v. HathiTrust Decision (June 2014)

On June 10, 2014, the Court of Appeals for the Second Circuit affirmed the lower court decision in Authors Guild v. HathiTrust in favor of HathiTrust Digital Library. 

pdfagvhathitrust-decision-jun2014.pdf

 
 

Library Copyright Alliance Urges Lawmakers to Update Statutory Damages Safe Harbor

boats in a calm harborimage © Mario LapidOn July 23, 2014, the Library Copyright Alliance (LCA)—the American Library Association (ALA), Association of Research Libraries (ARL), and Association of College and Research Libraries (ACRL)—filed a statement (PDF) with the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet for the subcommittee’s July 24 hearing on copyright remedies. The LCA statement focuses on problems with statutory damages. The statement notes that the existing safe harbor requiring a court to remit statutory damages when a library, archive, educational institution, or public broadcasting entity believed and had reasonable grounds to believe that its use of material constituted fair use applies only to the reproduction right. The statement recommends an update to reflect the digital era so that this safe harbor applies to any type of use, including uses implicating performance, display, distribution, or derivative work rights. 

 
 

Library Copyright Alliance Issues Statement Opposing Copyright Term Extension

U S Capitol buildingimage © Wally GobetzOn July 15, 2014, the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet continued its copyright review with a Hearing on Moral Rights, Termination Rights, Resale Royalty, and Copyright Term. The Library Copyright Alliance (LCA)—the American Library Association (ALA), Association of Research Libraries (ARL), and Association of College and Research Libraries (ACRL)—filed a statement addressing copyright term (PDF), noting the negative effects that lengthy copyright terms have on the public domain.

 
 

Jim Neal's Supplemental Testimony for Hearing on Preservation and Reuse of Copyrighted Works

James G. Neal, Vice President for Information Services and University Librarian for Columbia University in the City of New York, testified at the April 2, 2014 Hearing on Preservation and Reuse of Copyrighted Works for the Committee on the Judiciary, Subcommittee on Courts, Intellectual Property and the Internet. This is his supplemental testimony, which expands upon some issues that came up in the hearing.

pdf testimony-supplement-Jim-Neal-9apr2014.pdf

 
 

Library Copyright Alliance Additional Comments on Commerce Department Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy

On January 8, 2014, the Library Copyright Alliance (LCA), of which ARL is a member, provided these additional comments on a number of issues raised in the recent US Department of Commerce “green paper” on Copyright Policy, Creativity, and Innovation in the Digital Economy. These comments focus on four issues: the recent fair use court decision in the case Bouchat v. Baltimore Ravens, digital preservation, remixes, and collective rights organizations.

pdf lca-commerce-dept-copyright-green-paper-8jan2014.pdf

 
 

LCA Amicus Brief in Authors Guild v. Google, Inc. Appeal

On July 8, 2014, the Library Copyright Association filed an amicus brief for Authors Guild v. Google, Inc. in the US Court of Appeals for the Second Circuit.

pdfamicus-GoogleBooksAppeal-final-8jul2014.pdf

 

 
 

Library Copyright Alliance Files Amici Brief in Authors Guild v. Google

screenshot of Mrs Dalloway in Google BooksGoogle BooksOn July 8, 2014, the Library Copyright Alliance (LCA)—the American Library Association (ALA), Association of Research Libraries (ARL), and Association of College and Research Libraries (ACRL)—filed an amici brief (PDF) in the US Court of Appeals for the Second Circuit in Authors Guild v. Google in favor of Google’s transformative use in creating Google Book Search (GBS). The Southern District of New York previously ruled in favor of Google, finding that GBS provided significant public benefits and constituted fair use.

 
 

Garcia v. Google Amicus Brief

In April 2014, the Association of Research Libraries signed on to the Garcia v. Google amicus brief. In the brief, the Electronic Frontier Foundation (EFF) urges a federal appeals court to reconsider its decision to order Google to take down a controversial video while a copyright lawsuit is pending as the decision sets a dangerous precedent that could have disastrous consequences for free speech.

April 11, 2014 EFF Press Release

pdf amicus-brief-garcia-vs-google-15apr2014.pdf

 
 

Jim Neal's Written Testimony for Hearing on Preservation and Reuse of Copyrighted Works

James G. Neal, Vice President for Information Services and University Librarian for Columbia University in the City of New York, testified at the April 2, 2014 Hearing on Preservation and Reuse of Copyrighted Works for the Committee on the Judiciary, Subcommittee on Courts, Intellectual Property and the Internet. This is his written testimony.

pdf testimony-jim-neal-2apr2014.pdf

 
 

Authors Guild v. HathiTrust: Implications for Libraries

open-book-folded-pagesimage © Thomas HawkJonathan Band, policybandwidth and legal counsel to the Library Copyright Alliance (LCA), released on July 7, 2014, an analysis of the recent Authors Guild v. HathiTrust decision, “What Does the HathiTrust Decision Mean for Libraries?” (PDF). As Band notes, “The decision has implications for libraries that go far beyond the specific facts of the case. This paper offers some preliminary thoughts on what these implications may be.” The paper reviews several issues including mass digitization and storage, access to works, suggestions concerning other forms of access, and associational standing. Band concludes:

 
 
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