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Book Digitization Ruling Shifts Transformative Use Analysis

Last month, the U.S. Court of Appeals for the Second Circuit ruled that use of the HathiTrust Digital Library for the purpose of search and accessibility each constitutes fair use.

10 minute read July 01, 2014 at 02:07 PM
By
Robert J. Bernstein and Robert W. Clarida
Book Digitization Ruling Shifts Transformative Use Analysis

The HathiTrust Digital Library (HDL) is a digital compilation of over 10 million books scanned by Google from the collections of the libraries of the University of Michigan, Cornell University, the University of California at Los Angeles, the University of Wisconsin and Indiana University.

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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