Wednesday, 11 June 2014

HathiTrust digitization ruled fair use

The Second Circuit Court of Appeals has issued an opinion upholding the lower court's ruling in the  HathiTrust case, in which the Author's Guild was suing HathiTrust for copyright infringement for its book digitization project. The court ruled that HathiTrust’s book digitization and accessibility efforts are be fair uses of copyrighted works. The Conclusion of the opinion reads:

"The judgment of the district court is AFFIRMED, in part, insofar as the district court concluded that certain plaintiffs appellants lack associational standing; that the doctrine of “fair use” allows defendants‐appellees to create a full text searchable database of copyrighted works and to provide those works in formats accessible to those with disabilities; and that claims predicated upon the Orphan Works Project are not ripe for adjudication. We VACATE the judgment, in part, insofar as it rests on the district court’s holding related to the claim of infringement predicated upon defendants appellees' preservation of copyrighted works,and we REMAND for further proceedings consistent with this opinion."

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