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Academic Libraries as Unlikely Defendants: A Comparative Fair Use Analysis of the Georgia State University E-Reserves and HathiTrust Cases

Laura Burtle, Mariann Burright
2018 Library Trends  
These were the practices at issue in the 2008 Georgia State University e-reserves case and the 2012 HathiTrust case.  ...  We explore how the courts in each case applied fair use to the facts of the case, compare and contrast the courts' analysis, and explain the role that transformative use plays in distinguishing the outcomes  ...  Analysis of the Four Fair Use Factors Both the Georgia State and HathiTrust lawsuits involve academic libraries. They both revolve around digitization of print books.  ... 
doi:10.1353/lib.2018.0042 fatcat:z2zrzxaljvgztexce7x5hzitcq

Current Issues with Copyright and Higher Education: Lawsuits, Legislation, and Looking Forward

Kay Cunningham
2013 Internet Learning  
Commentator Kevin Smith celebrated "a pretty convincing victory in the Georgia State e-reserves case, a sweeping one in the HathiTrust case, and a tepid a rmation of fair use (probably!)  ...  Each was important for issues involving fair use, academic libraries, and higher education. e outcomes of the Georgia State and HathiTrust cases-along with the dismissal of the suit against UCLA-amounted  ... 
doi:10.18278/il.2.2.1 fatcat:ctsofwtfnzahppdmla5euyq6zu

Transformative Teaching and Educational Fair Use after Georgia State

Brandon Butler
2016 Social Science Research Network  
The latest installment in the history of educational fair use, the 11th Circuit's opinion in the Georgia State e-reserves case, may be the last judicial word on the subject for years to come, and I argue  ...  Because of the unique factual context of the case, it stops short of bridging the gap between educational fair use and modern transformative use jurisprudence.  ...  The case involves Georgia State University (GSU), which, like many universities, has a policy allowing teachers to share digitized excerpts of copyrighted books and journal articles from the GSU library  ... 
doi:10.2139/ssrn.2723611 fatcat:j6nnzh6oo5bxxor3eudopawrai

Collaborative Academic Library Digital Collections Post-Cambridge University Press, HathiTrust and Google Decisions on Fair Use

Michelle M. Wu
2016 Journal of Copyright in Education and Librarianship  
Academic libraries face numerous stressors as they seek to meet the needs of their users through technological advances while adhering to copyright laws.  ...  This paper seeks to explore one specific proposal to balance these interests, the impact of recent decisions on its viability, and the copyright challenges that remain after these decisions  ...  Patton, 2014) , in which Georgia State University operated two services that provided digitized or e-copies of works for student use.  ... 
doi:10.17161/jcel.v1i1.5921 fatcat:2i74v7pfszdpbnsfabylqt2lhu

The Corruption of Copyright and Returning It to Its Original Purposes

Michelle M. Wu
2021 Legal Reference Services Quarterly  
Each of these practices depresses innovation and fair uses, interfering with the public purpose of copyright while also (in some cases) closing revenue opportunities for authors, thereby frustrating the  ...  What makes the issue in this case different is that the CTEA was an act of Congress, a deliberate decision by a governing body to place a small number of private interests over others.  ...  Libraries and Litigation Libraries saw this same aggressive stance from Industry Conglomerates with technology's use with books in the Google Books, HathiTrust, and Georgia State cases. 94 Despite the  ... 
doi:10.1080/0270319x.2021.1966238 fatcat:i6iyagwbq5b7zdteoaktrw7dtq

Fall 2016 Cumulative Supplement to Brauneis & Schechter, Copyright: A Contemporary Approach

Robert Brauneis
2016 Social Science Research Network  
State University Intranet Case. The District Court and the Eleventh Circuit had contrasting approaches to the following components of fair use analysis:  Balancing the Four Fair Use Factors.  ...  Google's commercial motivation distinguishes this case from HathiTrust, as the defendant in that case was a non-profit entity founded by, and acting as the representative of, libraries.  ...  use of a copyrighted work."  ... 
doi:10.2139/ssrn.2815252 fatcat:6oiybeqc7bbllhqjrqcdjpmyvu

Dr. Eric Archambault Profile

2016 Against the Grain  
The law of the U.S. would consider fair use to determine whether the reproduction of the foreign work is infringement that is excused as a fair use.  ...  Most libraries are delighted to share materials, and a simple email request will surely result in permission to use. QUESTION: Does fair use apply outside of the United States?  ...  As the facilitated concept of collection suggests, the word "collection" is less useful these days as a description of something on campus, except in the case when it is modified by "special," then it  ... 
doi:10.7771/2380-176x.7476 fatcat:c6dlj5luf5auxgy3ajzowrk4pq

The Interface of Copyright and Human Rights: Access to Copyright Works for the Visually Impaired

Lida Ayoubi
2015 Social Science Research Network  
However, as noted in the case of Authors Guild v HathiTrust,"a defendant need not prevail with respect to each of the four enumerated fair-use factors to succeed on a fair-use defence.  ...  The main difference is that the application of the fair use needs to be established on a case-by-case basis.  ... 
doi:10.2139/ssrn.2958012 fatcat:h7dro5igpzaabi4etj662pdb4e

The Nexus of Copyright and Intellectual Privacy

Alex Cameron
2012 Social Science Research Network  
Without them, and without the support and encouragement of our families (and especially my mother), this project would not have been completed.  ...  ACKNOWLEDGEMENTS For their steadfast and complete support, I am eternally grateful to my amazing wife and children.  ...  works is not universally accepted as being probative of their state of mind. 255 For example, in one American case where a jury was shown Natural Born Killers-a movie which the majority of the Georgia  ... 
doi:10.2139/ssrn.2131308 fatcat:tjkgtpk5ancypomii3fcycpfa4

Transformative Teaching and Educational Fair Use After Georgia State

Brandon Butler
2017
The latest installment in the history of educational fair use, the 11th Circuit's opinion in the Georgia State University e-reserves case, may be the last judicial word on the subject for years to come  ...  With help from recent scholarship on broad patterns in fair use case law, I pick up where the GSU court left off, describing a variety of common educational uses that are categorizable as transformative  ...  The case involves Georgia State University (GSU), which, like many universities, has a policy allowing teachers to share digitized excerpts of copyrighted books and journal articles from the GSU library  ... 
doi:10.17605/osf.io/yp9gd fatcat:2oecx4ha6rcbtm6e3dfitpr7aq

697-729.pdf [article]

2017
for an ISD, particularly in view of its recent investment in litigation challenging the electronic reserve policies of a university in Georgia; in their view, this litigation would erode fair use significantly  ...  -libraries-urge-ccc-to-reconsider-its-funding-of-e-reserve-copyright-case.html.  ... 
doi:10.7916/d8bk1nzs fatcat:ncoaq3tuobaflal5q2s2y6kmcy

Legislative Alternatives to the Google Book Settlement

Pamela Samuelson, Columbia University. Law
2017
The audacity of the Google Book Search ("GBS") initiative, under which Google has scanned millions of in-copyright books from the collections of major research libraries in order to index their contents  ...  and serve up snippets in response to search queries, was surpassed only by the audacity of the proposed settlement of the class action lawsuit that challenged this scanning.  ...  in litigation challenging the electronic reserve policies of a university in Georgia; in their view, this litigation would erode fair use significantly and upset the balance of interests. 90 And while  ... 
doi:10.7916/d8s472m3 fatcat:5uk32u53v5fmnfby47skbq5ffe

Reviewing the purpose novel : reception, social reform, and the limits of persuasion in turn-of-the-century American fiction [article]

Sydney Marie Bufkin
2013
Letter from Houghton, Mifflin, & Co., to Bellamy, MS Am 1181 (240), Houghton Library, Harvard University. 77 Sylvia E.  ...  Unlike Freeman's short stories, The Portion of Labor requires very little analysis to read the text as an indictment of certain power structures and systems.  ...  The other digital archives and databases either do not provide stable links, or, as is the case with the Library of Congress's Chronicling America archive, are easy enough to navigate that a citation should  ... 
doi:10.15781/t2wh2dk71 fatcat:2uurkpbuv5fbpnt4gdwgzsgwg4

UCLA Past-President

Marlis Saleh, Rachel Simon
2012 MELA NOTES Journal of Middle Eastern Librarianship Number   unpublished
As a mentor Mr.  ...  , the American University of Kuwait, and others.  ...  The Journal of Academic Librarianship 22 (1): 33-43. El-Sherbini, Magda. 2002. Outsourcing of Slavic cataloguing at the Ohio State University Libraries: Evaluation and cost analysis.  ... 
fatcat:wc2exbjblbfylgc32ik4j4uzzq

Racial liminality and American constructions of race: negotiating, imagining, and creating color lines in the 1890s

Michael Pekarofski
2021
The decade of the 1890s was a period characterized by racial violence, the ongoing entrenchment of the Jim Crow state, and the legitimization of scientific racism.  ...  It was also a time when race and racial construction were in a considerable state of flux, formation, and development.  ...  Capitalization used for emphasis appears in the original. 69 Journal of the Constitutional Convention of the State of South Carolina, 1895, 106. Library of Princeton University.  ... 
doi:10.7282/t3-9vmf-bs95 fatcat:4jctopfu5nevdim4b6wr4z4y2u
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