Mass Digitization v. Copyright

There have been two significant developments in the ongoing disputes between copyright holders and information providers.

On October 4, the Association of American Publishers (AAP) settled its longstanding copyright infringement case against Google challenging the Google Books Library Project.  According to an AAP press release, under the parties’ settlement agreement “US publishers can choose to make available or choose to remove their books and journals digitized by Google for its Library Project.” This settlement does not impact the continuing dispute between Google and the Author’s Guild.

Last week, a U.S. District Court Judge dismissed a copyright infringement lawsuit brought by writers’ guilds against the Haithi Trust, a digital repository formed by a consortium of university libraries to preserve and enhance access to library materials. Google has done most of the scanning for the project.

The legal issues here involve the right of “Fair Use” (17 U.S.C. § 107), which permits the reproduction of copyrighted works in certain instances. To learn more about fair use and other U.S. Copyright Laws, see the U.S. Copyright Office Website.  For additional resources, please consult the law library’s Intellectual Property Research Guide.