Court Cases

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.

 
 
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