Tag Archives: lawsuits

Digital Library Boosters Take Aim at Critics

Google’s plan for a vast digital library is “the kind of project that the fair use doctrine was designed to protect,” three nonprofits told the 2nd Circuit. Beginning in 2008, major universities and libraries partnered with Google to digitize their volumes, creating the HathiTrust Digital Library. HathiTrust enabled more than 60 university and research libraries to store, secure and search their digital collections. Though the library plans to provide full-text access to so-called “orphan works” whose copyright owners could not be located, it normally does not allow users to access the digitized books in their entirety. Its system delivers titles and page numbers via keyword search, helping students and others find the copyrighted books at libraries. Blind or print-disabled users can get special access to the original works.” (via Courthouse News Service)

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Librarians and Colleges File Briefs Backing HathiTrust

“Coalitions of librarians and colleges and universities filed friend of the court briefs Tuesday supporting the HathiTrust in a lawsuit in which authors’ groups charge that the digital repository is violating their copyright in making some of their works freely available.” (via Inside Higher Ed)

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Publisher Threatens Librarian With $1 Billion Lawsuit

“A scholarly publisher has issued a warning to Jeffrey Beall, a librarian who writes about what he calls “predatory” practices in the scholarly publishing industry, threatening him with a $1 billion lawsuit for his blog posts criticizing the company. Beall is an academic librarian at the University of Colorado; he writes about the journal industry on his personal blog, Scholarly Open Access. More specifically, Beall identifies and lists journals that he says prey on academics’ need to publish their research. Such companies often charge a “handling fee” that requires authors to pay hundreds or even thousands of dollars if a paper is published.” (via NPR)

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Google, Authors Guild Back in Court

“After a nearly eight-month delay, lawyers for Google and the Authors Guild were back in court this morning. In oral arguments scheduled before a panel of the Second Circuit Court of Appeals, Google was set to argue that Judge Denny Chin’s 2012 order granting the Authors Guild’s motion for class certification should be reversed. The long-running case over Google’s library book scanning has been stayed since September, 2012, pending the Second Circuit’s review of Chin’s decision.” (via Publishers Weekly)

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Federal judge rules that used digital items cannot be sold by consumers

“Finished with that digital copy of “The Help” on your Kindle and hoping to sell it somewhere else? Sorry – e-books being sold used may not be legal just yet. ReDigi, a start-up based in Massachusetts which allows users to resell digital music on their site, was told by a federal judge that Capitol Records’ rights are violated by such a practice. The company is planning to allow consumers to sell used e-books this summer. ReDigi has been in existence since 2011 and was planning an overhaul late this summer to begin emphasizing e-book content.” (via CSMonitor.com)

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‘Mockingbird’ author Lee sues over copyright in NY

“Harper Lee, who wrote the Pulitzer Prize-winning novel “To Kill a Mockingbird,” filed a lawsuit Friday to re-secure the copyright to it. The lawsuit filed in federal court in Manhattan seeks unspecified damages from the son-in-law of Lee’s former literary agent and companies he allegedly created.” (via AP)

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Justices say states can limit access to public records

“The U.S. Supreme Court on Monday said states are free to allow public records access only to their own citizens, delivering a blow to freedom of information advocates who had challenged a Virginia law. In a unanimous ruling, the court said two out-of-state men did not have a right to view the documents. Various other states, including Tennessee, Arkansas and Delaware, have similar laws, although some do not enforce them.” (via Reuters)

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LCA Files Brief on Behalf of Georgia State

“The Library Copyright Alliance (LCA) has filed an amicus brief (pdf) in support of Georgia State University in the appeal of Cambridge U. Press et al. v. Mark P. Becker et al. In its brief (pdf), LCA argues that GSU’s e-reserves policy represents the widespread and well-established best practices of fair use that includes limitations to ensure that the use of course materials is fair. The case will be heard by the U.S. Court of Appeals for the 11th Circuit.” (via District Dispatch)

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Judge: No Jury for Penguin in E-book Case

“In an opinion issued this week, Judge Denise Cote shot down Penguin’s request for a jury trial to hear the remaining state and the consumer class action cases against them. “Penguin’s March 15, 2013 motion for a jury trial on the States’ claims is denied,” Cote ordered, holding that it was “clear that Penguin, along with all other litigating parties, knowingly and intentionally waived a jury determination of liability on the States’ claims.” The decision means that, barring a last minute settlement, Penguin will be joining Apple at the defense table on June 3 as the bench trial gets underway in the long-running e-book price fixing case.” (via Publishers Weekly)

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OCUL Statement: Access Copyright vs York University

“The Ontario Council of University Libraries is disturbed by the recent news of a lawsuit which Access Copyright initiated on April 8th against York University. The Canadian Copyright Act was only recently amended. These amendments and recent Supreme Court judgments have guided Ontario universities, including York University, to provide fair dealing guidelines that reflect the existing and reasonable consensus within the education community in response to these legal realities. OCUL agrees with academic colleagues across Canada that it is very regrettable that Access Copyright has chosen this litigious route to question the clarity of the copyright law and the recent jurisprudence. It is also regrettable that we are forced to interpret this as an intimidating tactic to persuade Ontario universities to agree to the Access Copyright license” (via Ontario Council of University Libraries)

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