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Court Cases

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

 
   

Re: Federal Copyright Protection of Sound Recordings Fixed Before February 15, 1972

The Association of Research Libraries and the American Library Association provide reply comments on the desirability of bringing under federal protection sound recordings fixed before February 15, 1972.

pdf arl-ala_soundrecordingcomments_13apr11.pdf

 
 

A Guide For the Perplexed Part IV: The Rejection of the Google Books Settlement

On March 22, 2011, Judge Denny Chin rejected the proposed settlement in copyright infringement litigation over the Google Library Project. Judge Chin found that the settlement was not "fair, reasonable, and adequate" as required by the Federal Rules of Civil Procedure. Judge Chin issued the decision over a year after the fairness hearing he conducted. His opinion agrees in large measure with the objections to the settlement asserted by the U.S. Department of Justice at the hearing and in its written submissions. This paper discusses the opinion and where it leaves Google Books Search.

pdf guide-for-perplexed-part4-apr11.pdf

 
 

Letter to Tracey L. Armstrong re: Copyright Clearance Center (CCC) underwriting litigation (Nov. 11, 2010)

Letter expressing ARL's disappointment with the decision by the Copyright Clearance Center (CCC) to underwrite 50% of the plaintiffs' costs in the litigation by three publishers against Georgia State University.

pdf lt-ccc-gsu-11nov12.pdf

 
 

UMG Recordings v. Veoh Networks: Amicus Brief in Support of Veoh

Brief of Amici Curiae Electronic Frontier Foundation, Internet Archive, American Library Association, Association of Research Libraries, Association of College and Research Libraries, Computer and Communications Industry Association, Public Knowledge, Center for Democracy and Technology and Netcoalition in Support of Appellees and Affirmance

pdf amicus_umg_veoh_072310.pdf

 
     
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