October 25, 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 […]

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 […]

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 […]

Event Report: “Making Copyright Work for Libraries and Consumers’”

From an IFLA (International Federation of Library Associations) Summary of the Event: On Wednesday 30th May IFLA, along with the European Bureau of Library Information and Documentation Associations (EBLIDA), Electronic Information For Libraries (eIFL), Informations Sans Frontières (ISF), Copyright for Creativity (C4C), the European Consumers’ Organisation (BEUC), and Consumers International (CI) organised a one-day event […]

Archived Video: What Does the Georgia State Decision Mean for Libraries? An ARL Briefing with J. Band and B. Butler

From the Association of Research Libraries: In this webcast presented on May 24, 2012, Jonathan Band and Brandon Butler discuss the implications of the recent decision in the Georgia State University (GSU) e-reserves case. See Also: New ARL Issue Brief Recaps Georgia St. University Copyright Decision, Looks at Implications (May 15, 2012)

More Analysis: “Students’ Access to Excerpts Was Fair Use When Digital Excerpt Licensing Unavailable”

Here’s another article offering analysis of the the Georgia St. decision made available (free) by BNA. The articles appears in Patent, Trademark & Copyright Journal. Case Summary: A federal district court finds that a university’s offering of digital excerpts from copyrighted works to students largely constituted fair use. Key Takeaway: Offering students limited access to […]