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. The briefs were filed with the U.S. Court of Appeals for the Second Circuit, which is considering an appeal of a federal judge's ruling last October that sided overwhelmingly with the trust and the universities (Michigan, California and Wisconsin, and Indiana) that created it. In their brief urging the Second Circuit to uphold the lower court, the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries argue that a ruling for the Authors' Guild and the others challenging the HathiTrust would "prevent libraries from performing some of their most basic functions, from film preservation to Internet access." And the brief filed by the American Council on Education, several other major groups of college presidents, and Educause vigorously defends the doctrine of "fair use" that they say the plaintiffs challenging HathiTrust would undermine.
The Authors Guild is scheduled to reply to these briefs within a month.