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.
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.
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.
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.
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.
Issue Brief: Massive Open Online Courses - Legal and Policy Issues for Research Libraries (Oct. 22, 2012)
The advent of Massive Open Online Courses raises serious legal questions that in turn pose important and fundamental policy challenges for research libraries. As universities rush to find ways to add courses to emerging MOOC platforms, research libraries are being asked to take on new responsibilities (or new versions of old responsibilities) to support this new mode of teaching and learning.
Hon. Harold Baer, Jr. Decision in Authors Guild v HathiTrust (Oct. 10, 2012)
Before the Court are two motions for judgment on the pleadings and three motions for summary judgment.
Success of Fair Use Codes of Best Practices
Does the approach of creating a code of best practices, anchored in professional practice, actually work to expand the utility of fair use? What has happened to others who used codes of best practices to gain access to their rights? This document describes specific examples of success with using codes of best practice.
Amici Curiae Brief in Support of Kirtsaeng
The Association of Research Libraries (ARL) joined the American Library Association (ALA) and the Association of College and Research Libraries (ACRL), who all work collectively as the Library Copyright Alliance (LCA), to file an amicus curiae brief with the Supreme Court of the United States in support of petitioner Supap Kirtsaeng in the case Kirtsaeng v. Wiley & Sons.
GSU Fair Use Decision Recap and Implications
On Friday, May 11, 2012, Judge Orinda Evans released her 350-page opinion in the copyright infringement lawsuit against Georgia State University. This memo summarizes the key rulings in the case and discusses some possible consequences for libraries generally.