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'Fair Use' Applies to Book Digitizing Work, Judge Rules

'Fair Use' Applies to Book Digitizing Work, Judge Rules
October 11, 2012

Much of the work of the HathiTrust (a consortium of universities) to make books in university collections more easily searchable and accessible to people with disabilities is protected by "fair use" and is not subject to a copyright suit brought by authors' groups, a federal judge has ruled.

"The totality of the fair-use factors suggest that copyright law’s 'goal of promoting the progress of science ... would be better served by allowing the use than by preventing it," said the ruling by Judge Harold Baer Jr. "The enhanced search capabilities that reveal non-copyright material, the protection of defendants’ fragile books, and, perhaps most importantly, the unprecedented ability of print-disabled individuals to have an equal opportunity to compete with their sighted peers in the ways imagined by the [Americans With Disabilities Act] protect the copies made by defendants as fair use...."

The judge added: "Although I recognize that the facts here may on some levels be without precedent, I am convinced that they fall safely within the protection of fair use such that there is no genuine issue of material fact. 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."

A blog post by James Grimmelmann, a professor at the New York Law School who has followed the case, said that "on every substantive copyright issue, HathiTrust won."

 

 

 

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