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Fair Use

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

 

 
 

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

 
 

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

On November 13, 2013, the Library Copyright Alliance (LCA), of which ARL is a member, provided these 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. LCA commented on issues relating to statutory damages, online licensing, collective rights organizations, and contractual restrictions on copyright exceptions.

pdf lca-commerce-dept-copyright-green-paper-13nov2013.pdf

 
 

Herbert Mitgang et al. v. Google Inc.

Court transcript from Herbert Mitgang, et al., v. Google, Inc. September 23, 2013, hearing before Judge Denny Chin in the US District Court for the Southern District of New York.

pdf Google-Books-court-transcript-23sep2013.pdf

 
 

The Good News about Library Fair Use (infographic)

This infographic by ARL, American University's (AU) Washington College of Law, and AU's School of Communication shows how and why libraries should use the Code of Best Practices in Fair Use for Academic and Research Libraries.

Infographic downloads:

 
 

Restrictions on the Waiver of Rights

Jonathan Band and Deborah Goldman provide examples of statutory limitations on contractual waivers of rights. These examples come from the US Code; the New York and California Codes; uniform acts; and the European Union. They provide ample precedent for Congress to adopt restrictions on the enforcement of contractual terms that attempt to limit exceptions to the Copyright Act such as first sale or fair use.    


pdf restrictions_waiver_rights_08152013.pdf  
 


 
 

Letter from US Department of Justice Declining to File Amicus Brief in Cambridge University Press v. Mark Becker (Feb. 22, 2013)

The US Department of Justice (DOJ) decided not to participate in the appeal of the case Cambridge University Press v. Mark Becker as amicus curiae. The case concerns the use at Georgia State University (GSU) of electronic course reserves (e-reserves) and electronic course sites to make excerpts from academic books available online to students enrolled in particular courses. It was widely reported that the US Copyright Office requested that the DOJ file an amicus brief either on the side of the publishers or as a neutral party. On February 22, 2013, the DOJ sent this letter to the court stating that the US Attorney General had decided not to file an amicus brief in the case.

pdf ltr-doj-re-gsu-ereserves-22feb13.pdf

 
 

Motion by US Department of Justice to Extend Time in Which to File Amicus Brief in Cambridge University Press v. Mark Becker

The US Department of Justice (DOJ) is evaluating whether to participate in the appeal of the case Cambridge University Press v. Mark Becker as amicus curiae. The case concerns the use at Georgia State University (GSU) of electronic course reserves (e-reserves) and electronic course sites to make excerpts from academic books available online to students enrolled in particular courses. It was widely reported that the US Copyright Office requested that the DOJ file an amicus brief either on the side of the publishers or as a neutral party. On January 25, 2013, the DOJ requested an extension of the time they have to file an amicus brief.

pdf gsu-extension-motion-usgov-jan2013.pdf

 
 
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