May 23, 2022

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.”

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 […]

Full Text of Court Opinion in Georgia State University Copyright Case

UPDATE (May 13, 2012): Analysis and Commentary about the Court Ruling by: Professor James Grimmelmann, New York Law School My bottom line on the case is that it’s mostly a win for Georgia State and mostly a loss for the publishers. The big winner is CCC. It gains leverage against universities for coursepack and e-reserve […]

Video of “Standards and Strategies for Fair Use Decisions Inside Libraries and Universities” Conference Now Online

The Standards and Strategies for Fair Use Decisions Inside Libraries and Universities Conference took place on March 27, 2012 at Columbia University in New York City. The event was organized by Columbia University Libraries. Conference Home Page Blurb The panels feature a range of academic and professional experts including: Peter Jaszi, professor of law at […]

Art Libraries Society of North America (ARLIS/NA) and College Art Association Endorse ARL Code of Best Practices in Fair Use

1. College Art Association (CAA) Endorses ARL Code of Best Practices in Fair Use (from CAA News via ARL) In accordance with CAA’s practice to regularly update its Standards and Guidelines in the fields of art and art history, the Board of Directors adopted two documents at its meeting on February 26, 2012, that address […]

Just Released (Full Text): Code of Best Practices in Fair Use for Academic and Research Libraries

UPDATE: Here’s the Official News Release Comments, Thoughts at #librarianscode on Twitter An overview/background article about the code was published in The Chronicle of Higher Education on January 25, 2012. Code The Code of Best Practices in Fair Use for Academic and Research Libraries was coordinated by the Association of Research Libraries Center for Social Media, […]

New Podcast: "Copyright & Commerce: Orphan Works & Fair Use in a Digital Age"

A new Beyond the Book podcast (#265) from the Copyright Clearance Center. Here’s the Blurb From the BTB Web Page: From the perspective of copyright, 2011 has been a year like so many others in the Digital Age. Suits and counter-suits over copyrighted text, music, film and video continue to fly in and out of […]

Working Paper: "A State Law Approach to Preserving Fair Use in Academic Libraries"

Title: “A State Law Approach to Preserving Fair Use in Academic Libraries” Author: David Robert Hansen University of North Carolina (UNC) at Chapel Hill – School of Law Date Posted on SSRN: August 16, 2011 Every year academic libraries spend millions of dollars to provide their users access to copyrighted works. Much of that money […]

New Article: "The Erosion of Fair Use Protections for Digital Scholarship"

The following piece was written by Stanley Wilder, University Librarian at the University of North Carolina Charlotte and appears in the April, 2011  issue (12.4) of The Charleston Advisor. The full text is open access. Direct to Article (HTML and PDF Versions are Available) Here’s a Very Small Portion of What Stanley Wilder Writes: License […]

ARL: "YouTube Flunks Out with “Copyright School”

From a Post on the ARL Policy Notes Blog by Brandon Butler, Director of Public Policy Initiatives at ARL Yesterday YouTube released a video called “Copyright School” and announced a new notice and takedown policy that includes requiring accused infringers to watch the video in order to reactivate their suspended accounts. While some aspects of […]