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Fair Use

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.

 
 

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:

 
 

White v. West Publishing 2014 Decision

In July 2014, the district court issued its full memorandum and order in White v. West Publishing, explaining that three of four fair use factors weighed in favor of a finding of fair use while the remaining factor was neutral. 

pdfWhite-v-west-publishing-decision-3jul2014.pdf

 
 

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

 
 

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

 

 
 

Libraries Applaud Landmark Copyright Ruling Affirming Fair Use

open-book-folded-pagesimage © Thomas HawkThe Library Copyright Alliance is extremely pleased with today’s decision by the US Court of Appeals for the Second Circuit in Authors Guild v. HathiTrust, finding in favor of fair use. The Library Copyright Alliance filed an amicus brief (PDF) in the case, supporting HathiTrust’s position and the lower court’s finding of fair use.

 
 

Orphan Works and Mass Digitization Roundtables: Myths and Realities of Copyright and Fair Use

orphans-home-atchison-kansas-1911-postcardOrphans’ Home, Atchison, Kansas, 1911, image © Thiophene GuyOn March 10–11, 2014, the US Copyright Office convened roundtables on orphan works and mass digitization. Several participants attacked fair use and libraries, misstated the purpose of the copyright system in the United States, or inaccurately portrayed the activities of HathiTrust. An ARL Policy Notes blog post examines some of these misconceptions, or myths, cited at the roundtables and responds to these inaccuracies. An earlier ARL Policy Notes blog post recaps the roundtable discussions, which covered best practices, fair use, licensing solutions, and the issue of whether orphan works and mass digitization need to be treated separately.

 
 

Fair Use Promoted at House of Representatives Copyright Hearing

james-neal-testifying-at-house-copyright-hearingJames Neal testifying at House copyright hearingJames G. Neal, Columbia University’s university librarian and vice president for information services, served as the voice of libraries to the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet on Wednesday, April 2, 2014, when the subcommittee held a hearing on preserving and reusing copyrighted work. The hearing, “Preservation and Reuse of Copyrighted Works,” explored a variety of copyright issues, including orphan works, mass digitization, and specific provisions of the Copyright Act that concern preservation by libraries and archives.

 
 
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