May 21, 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.”

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 […]

LA Times Op-Ed by Pamela Samuelson: “A Universal Digital Library is Within Reach”

Pamela Samuelson is a professor at the Berkeley Law School & the UC Berkeley School of Information. Samuelson is also the director of the Berkeley Center for Law & Technology. From the LA Times Op-Ed: Ideally, a digital library would provide access not only to books free from copyright constraints (those published before 1923), but […]

PowerPoint Presentations from Last Week’s Orphan Works and Mass Digitization Symposium Now Available

The symposium took place in Berkeley, CA and was sponsored by the UC Berkeley Center for Law and Technology (BCLT) Links to PPT slides for many presenters are now available and have been added to the agenda. Links to three white papers that were released by BCLT prior to the event are linked here. Speakers […]

New from Berkeley Digital Library Copyright Project: Third White Paper on Causes of the Orphan Works Problem

Released today by the  The Orphan Works and Mass Digitization Symposium: Obstacles and Opportunities begins tomorrow at Claremont Hotel, Berkeley CA. Here’s the agenda. White Paper #3 was released today by the Berkeley Digital Library Copyright Project. Title Orphan Works: Causes of the Problem Berkeley Digital Library Copyright Project White Paper No. 3 Author David […]

France Passes New Laws on the "Digital Exploitation of 20th Century Unavailable Books"

The Global Legal Monitor from the Library of Congress provides a summary of the recently passed legislation but writer/tweeter @BlankTextField (based in France) says the article include a few inaccuracies. From the Global Legal Monitor This Law adds a new chapter to the French Intellectual Property Code, comprising articles L.134-1 to L.134-9. Article L. 134-1 […]

New White Paper: "Orphan Works: Mapping the Possible Solution Spaces"

Title Orphan Works: Mapping the Possible Solution Spaces Author David Robert Hansen University of California, Berkeley – School of Law Series Berkeley Digital Library Copyright Project White Paper No. 2 Abstract This paper surveys a range of proposed orphan works solutions. The goal is to acquaint the reader with the wide variety of solution types, […]

New White Paper: "Orphan Works: Definitional Issues"

Title: “Orphan Works: Definitional Issues” Author: David Robert Hansen (University of California, Berkeley – School of Law) Source: Berkeley Digital Library Copyright Project White Paper No. 1 (via SSRN) Abstract: This paper outlines responses to two definitional questions that arise in the context of orphan works: (1) exactly what is the “orphan works” problem?, and […]

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 […]

WIPO Meeting: European Versus American Interpretations of Orphan Works

UPDATE: WIPO: Great progress at library days (via IFLA; November 24, 2011) From the Knowledge Economy Blog: The WIPO Standing Committee on Copyright and Related Rights (SCCR) is now discussing the topic of orphan works in deliberations on limitations and exceptions for libraries and archives. The US has a broader view of what constitutes an […]