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Opening the Library Doors to the World: Second Circuit Finds Universities’ Book Scanning Project Constitutes “Fair Use” of Copyrighted Materials

On June 25, 2014 by Schnader

On June 10, 2014, the United States Court of Appeals for the Second Circuit issued its decision in Authors Guild, Inc.v. HathiTrust, No. 12-4547, 2014 U.S. App. Lexis 10803 (2d Cir. Jun. 10, 2014), a case in which a group of authors and author associations sued a consortium of universities for copyright infringement based on the consortium scanning its members’ libraries’ collections, and retaining the scanned images and searchable text renderings for several uses. The Court of Appeals held that the consortium did not infringe the authors’ copyrights because creation of electronic images and searchable text for the intended purposes were “fair uses” of the copyrighted works.

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