October 24, 2014

Judge’s Ruling a Win for Fair Use in Authors Guild v. HathiTrust Case

The Honorable Harold Baer, Jr., yesterday held that the HathiTrust’s mass digitization is fair use, in spite of the challenges raised in a lawsuit by the Author’s Guild and others, both associations and individual authors. Crucial to his reading of the case is Baer’s rejection of the plaintiff’s theory that section 108 of the copyright law prevents libraries claiming fair use as a defense.

Baer said in his opinion, “I cannot imagine a definition of fair use that would not encompass the transformative uses made by Defendants’ MDP, 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 ADA.”

Report and Documents: WIPO Copyright Committee Meeting Opens in Geneva

The 24th meeting of the World Intellectual Property Organisation (WIPO) Standing Committee on Copyright and Related Rights (SCCR) opened today in Geneva. IFLA (International Federation of Library Associations) has posted a brief introduction about the meetings and the first day of discussions. During the next ten day, the 185 WIPO Member States will discuss copyright […]

UVA Law Library’s Digital Exhibit Reveals Little-Known Details of Tokyo War Crimes Trial, More the 28,000 Primary Documents Digitized

From the University of Virginia Law School: Frank Stacy Tavenner Jr., a 1927 graduate of the University of Virginia School of Law and assistant chief prosecutor of the Tokyo War Crimes trial, stood at the lectern on April 16, 1948, and delivered the final summation in the case against 28 Japanese defendants who stood accused […]

Michigan Court of Appeals to Consider Legal Challenge to Lansing Library Weapons Ban

From Michigan Radio: The Capital Area District Library has a very simple policy: “All weapons are banned from Library premises by the fullest extent permitted by law” [Clip] Dean Greenblatt is the attorney for Michigan Open Carry. He says the library authority does not have the legal right under state law to ban weapons. Greenblatt […]

Library Copyright Alliance and EFF File Second Amicus Brief in Authors Guild v. HathiTrust Case

This brief is in

U.S. Copyright Office Publishes Final Rule Re: Registration of Automated Databases Predominantly Consisting of Photographs

From the Summary (via Federal Register): The Copyright Office is amending its regulations governing the deposit requirements for applications for automated databases that consist predominantly of photographs. The amendments require that, in addition to providing material related to claimed compilation authorship, the deposits for such databases include the image of each photograph in which copyright […]

Parties File For Summary Judgement in Authors Guild/HathiTrust Lawsuit (Documents and Analysis)

As is always the case with Laboratorium posts, Professor James Grimmelmann (New York Law School) does an outstanding job providing links to all primary documents along with his expert analysis. From his Latest Blog Post: On Friday, the parties filed their motions for summary judgment in the HathiTrust case, along with thousands of pages of […]

ARL, ALA, and ACRL File Brief with U.S. Supreme Court in in Support of Lending Rights

UPDATE: Meredith Schwartz at LJ has posted a report about the filing that includes a comment from one of the author’s, Jonathan Band. From an Association for Research Libraries (ARL) News Release: The Association of Research Libraries (ARL) joined the American Library Association (ALA) and the Association of College and Research Libraries (ACRL), who all […]

Alabama: Mobile Public Library Says No to “Fifty Shades of Grey”

From Fox10TV.com Fifty Shades of Grey by E.L James has stormed the nation. It’s one of the most popular books out there but you won’t find it at libraries in Mobile. [Clip] Amber Guy with the Mobile Public Library said they will not be ordering the book. “Fifty Shades of Grey doesn’t fit our selection […]

New Research Paper: “How Fair Use Can Help Solve the Orphan Works Problem”

Title How Fair Use Can Help Solve the Orphan Works Problem (Draft Version) Author Jennifer M. Urban University of California, Berkeley – School of Law Source Berkeley Technology Law Journal, Vol. 27, 2012 UC Berkeley Public Law Research Paper Abstract Many works that libraries, archives, and historical societies, among others, would like to digitize and […]