Court Cases

First Sale: The Public View & Fast Facts for Libraries

ori-public-view-jan2012-newsTwo organizations in which ARL partners recently released informational resources about the first-sale doctrine and the Supreme Court case Kirtsaeng v. Wiley & Sons:

The Public View: Two-Minute “Person on the Street” Video by Owners’ Rights Initiative

First-Sale Fast Facts for Libraries: One-Page Summary by Library Copyright Alliance (PDF)

 
 

Cambridge Press v. Georgia State University

The case concerns the use at Georgia State University (GSU) of electronic course reserves and electronic course sites to make excerpts from academic books available online to students enrolled in particular courses. The named plaintiffs in the case are three academic publishers (Oxford University Press, Cambridge University Press, and Sage), who argued that the unlicensed posting of digital excerpts for student access almost always exceeded fair use and should require a license.

 
 

Authors Guild v HathiTrust (2012)

The HathiTrust is a partnership of major research institutions and libraries working to ensure that the cultural record is preserved and accessible long into the future. There are more than sixty partners in HathiTrust, and membership is open to institutions worldwide. The HathiTrust digital library is comprised of nearly 10 million scans that resulted from the Google Library Project and other digitization efforts by research libraries. 

 
 

Voluntary Consensus Standards and in Conformity Assessment Activities

This memo summarizes the key rulings in the Georgia State University (GSU) lawsuit and discusses some possible consequences for libraries generally.

pdf memo_gsudirectors_15may12.pdf

 
 

Golan v. Holder: A Farewell to Constitutional Challenges to Copyright Laws

On January 13, 2012, the Supreme Court by a 6-2 vote affirmed the Tenth Circuit decision in Golan v. Holder. The case concerned the constitutionality of the Uruguay Round Agreements Act (URAA), which restored copyright in foreign works that had entered into the public domain because the copyright owners had failed to comply with formalities such as notice; or because the U.S. did not have copyright treaties in place with the country at the time the work was created (e.g., the Soviet Union)

pdf golan_summary_06feb12.pdf

 
 
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