Tag Archives: Fair Use

COURT: SEARCHABLE BOOKS DATABASE IS ‘FAIR USE’

“The creation of a full-text searchable database of millions of books is a fair use of copyrighted works, a federal appeals court ruled Tuesday, saying it also is permissible to distribute the books in alternative forms to people with disabilities. The 2nd U.S. Circuit Court of Appeals’ decision came in a lawsuit brought by authors and several authors’ groups after several research universities agreed in 2004 to let Google Inc. electronically scan their books and then created a repository for more than 10 million books published over many centuries and written in numerous languages.” (via The Associated Press)

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Scope of Fair Use: Library Copyright Alliance Submits Statement for House Judiciary Hearing

“Yesterday, the US House of Representatives Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held another hearing on copyright review. This hearing focused on the scope of fair use and included five witnesses: Peter Jaszi (professor, American University), June Besek (professor, Columbia University), Naomi Novik (author and co-founder, Organization for Transformative Works), David Lowery (singer/songwriter and lecturer, University of Georgia), and Kurt Wimmer (general counsel, Newspaper Association of America). In advance of the hearing, the Library Copyright Alliance (LCA) submitted a written statement (PDF) discussing how libraries rely on fair use in order to serve their users and meet their mission, how the federal government relies on fair use for photocopying and in the patent examination process, and how rights holders rely on fair use in developing new works. The LCA statement concludes that no changes are needed to the fair use doctrine.” (via ARL)

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Experts Say Academics Are Timid About Fair Use Laws

“Visual arts professionals, including art historians, let real and perceived fears about copyright law get in the way of their work, finds a new report from the College Art Association. And while the fundamentally visual nature of their discipline raises particular concerns among scholars of art, artists, editors and museum curators, experts say their fears are shared across academe — although some disciplines have worked to develop codes to help scholars navigate the murky waters of fair use. “The visual arts communities of practice share a common problem in their confusion about and misunderstanding of the nature of copyright law and the availability of fair use,” reads the report, called “Copyright, Permissions, and Fair Use Among Visual Artists and the Academic and Museum Visual Arts Communities.” “Their work is constrained and censored, most powerfully by themselves, because of the confusion and the resulting fear and anxiety.” (via Inside Higher Ed)

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Libraries applaud dismissal of Google Book Search Case

“After eight years of litigation, the U.S. District Court for the Southern District of New York today upheld the fair use doctrine when the court dismissed Authors Guild v. Google, a case that questioned the legality of Google’s searchable book database. The Library Copyright Alliance—which is comprised of the American Library Association, the Association of College & Research Libraries and the Association of Research Libraries—welcomes Judge Denny Chin’s decision to protect the search database that allows the public to search more than 20 million books. In his dismissal of the case, Judge Chin enumerated the public benefits of Google Book Search by calling the project transformative and a fair use under the copyright law.” (via ALA)

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Google Seeks Ruling Copying Books Without Permission Is Fair

Google Inc., the world’s largest search engine, is facing the challenge of persuading a judge that digitally copying millions of books for online searches without authors’ permission is protected by copyright law. The company is set to argue today in federal court in Manhattan that the fair-use provision of the Copyright Act shields it from liability for copyright infringement. Authors and a trade group oppose the project, claiming Google has taken away their rights for its own gain without compensating them.” (via Bloomberg)

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Infographic Shows Good News about Library Fair Use

“Today ARL, American University’s (AU) Washington College of Law, and AU’s School of Communication released a new infographic that tells the story of library fair use and the Code of Best Practices in Fair Use for Academic and Research Libraries in a clear and compelling way. The infographic is freely available as a full-size PDF, an embeddable PNG for blogs and website, and a print-ready 8.5” x 11” PDF to print and hand out at events.” (via ARL)

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Appeal Filings Outline Authors Guild’s Objections to HathiTrust Opinion

“With a new round of filings hitting the docket last week, the Authors Guild appeal of Judge Harold Baer’s landmark copyright decision in the the HathiTrust case is underway. The broad appeal raises a handful of key questions on which the Guild is seeking review by the Second Circuit Court of Appeals, including whether the district court erred in finding the scan plan to be fair use.”

via Publishers Weekly

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What If We Asked the Librarians? Or, How The Librarians’ Code Is Different

ARL – “Today, with help from our partners at the Center for Social Media at American University, and the Law School at AU, and with support from a grant from the Andrew W. Mellon Foundation, ARL is proud to unveil the Code of Best Practices in Fair Use for Academic and Research Libraries. Based on 36 hours of focus group deliberation with 90 academic and research librarians representing 64 institutions in meetings held all over the country, the Code is comprised of eight Principles that describe general circumstances where the groups found library uses to be fair, followed by Limitations that describe the outer bounds of the consensus and Enhancements that the groups thought represented salutary but not necessary steps to protect the interests of other stakeholders.”

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