May 22, 2022

Authors Guild Appeals HathiTrust Decision, Library Copyright Alliance Issues Statement

On November 8, the Authors Guild appealed the verdict in its case against the HathiTrust to the U.S. Court of Appeals Second Circuit. The Guild had filed suit against the Trust in 2011, alleging that the Trust’s digitization efforts constituted copyright infringement. However, on October 10, Judge Baer of the United States District Court Southern […]

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.”

Roundup: GBS: Google And Authors Guild Face Off in Court

UPDATE (May 4, 2011): New York Law School professor and noted GBS expert, James Grimmelmann has posted an in-depth summary along with some commentary about Thursday’s GBS hearing on The Laboratorium (his blog). 1. Google Says Individuals, Not Authors Guild Has Standing In Books Case (via WSJ) Google Inc. presented Judge Denny Chin with an interesting […]

Library Copyright Alliance Files Friend of the Court Brief in The Authors Guild v. HathiTrust Case

The friend of the court brief was written by Jonathan Band. The Library Copyright Alliance is consists of ALA, ACRL, and ARL. The 28 page brief (PDF) is available here via ARL. We’ve also embedded a copy below. Friend of the Court Brief Filed by Library Copyright Alliance in Authors Guild v HathiTrust

PW: Guild Motion Asks for Quick Ruling on HathiTrust’s Fair Use Defense

From Publisher’s Weekly: Although the Google Book Settlement has been rejected by the court, one reason the parties were even able to reach an agreement was by avoiding the question of whether Google’s scanning of copyrighted books was a violation of fair use. The issue came up late last year when the Authors Guild led […]

"Remembering the Rights of Others" by Peter Brantley

In his latest PW post, Peter Brantley discusses the National Federation for the Blind filing to become a defendant in the Author’s Guild v. HathiTrust lawsuit. He writes: It seems to me that in the AG’s aggressive pursuit of the copyrights of their membership, they have forgotten that rights might have been created for others. […]

HathiTrust Defendants File Answers and Response with Court

Authors Guild v. HathiTrust Full Text of Answers Response Filing (25 pages; PDF via The Public Index) Document is dated December 3, 2011. Professor James Grimmelmann has several tweets (dated December 3, 2011) with facts and analysis. He notes that an order has been entered that says that an AG v. HT trial is set […]

Tomorrow: Live Webinar: (October 28th): "What's at Stake in the HathiTrust Lawsuit?"

From EDUCAUSE: In this web seminar, Jonathan Band, a legal consultant and frequent author on intellectual property issues, will provide an overview of the case to date, and James Grimmelmann, an associate professor at New York Law School, will discuss the legal questions on which the Authors Guild v. HathiTrust lawsuit will turn, as well […]

"Authors Guild Files Amended Complaint in Suit Against HathiTrust"

From a Library Journal Article by Michael Kelley: The Authors Guild filed an amended complaint on Thursday, October 6, in its suit against HathiTrust, the University of Michigan, and four other universities which alleges the universities engaged “in one of the largest copyright infringements in history.” A number of additional authors and authors groups have […]

"HathiTrust and the Litigation Path" by Kenneth Crews

“HathiTrust and the Litigation Path” by Kenneth Crews, Columbia Copyright Advisory Office From the Intro: “When parties file a lawsuit and send their case into the court system, predictions are almost always wrong, if not reckless.  Yet litigation is a matter of strategic planning that demands predictions.  Predictions are also a tempting parlor game, so […]