LCA Comments on Authors Guild v. HathiTrust Decision

On October 10, 2012, Judge Harold Baer put forth a decision that the HathiTrust Digital Library’s (HDL) use of digitized works is a fair use permitted under the Copyright Act. Judge Baer’s key holding was: “I cannot imagine a definition of fair use that would not encompass the transformative uses made by [HDL] and would require that I terminate this invaluable contribution to the progress of science and cultivation of the arts that at the same time effectuates the ideals espoused by the [Americans with Disabilities Act].” Judge Baer’s ruling not only allows HathiTrust to continue serving scholars and the print disabled, it also provides helpful guidance on how future library services can comply with copyright law.

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