The library community welcomed the decision of the U.S. Court of Appeals for the Second Circuit in Authors Guild v. HathiTrust. The decision has implications for libraries that go far beyond the specific facts of the case. This paper by Jonathan Band offers some preliminary thoughts on what these implications may be.
Jonathan Band provides a comprehensive guide to the recent international adoption of the “Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled.” The Treaty is intended to promote the making and distribution of copies of books and other published materials in formats accessible to people with print disabilities. The Treaty would achieve this objective by obligating signatory countries (referred to as Contracting Parties) to adopt exceptions in their copyright laws that permit the making of copies in accessible formats as well as the distribution of those copies both domestically and internationally. This memorandum explains the Treaty’s provisions. The memorandum concludes that Title 17 of the United States Code complies with the Treaty’s requirements, and thus that the United States could sign and ratify the Treaty without making any changes to domestic law.
What if you had to ask permission before selling, lending, or even giving away your books? On October 29, 2012 the Supreme Court heard oral argument in the case of Kirtsaeng v. Wiley & Sons, a case that could change the way we own everything from books to watches. Brandon Butler and Jonathan Band discuss how libraries, who own books, movies and other copyrighted works on behalf of the public could be hit especially hard by this decision.
On March 22, 2011, Judge Denny Chin rejected the proposed settlement in copyright infringement litigation over the Google Library Project. Judge Chin found that the settlement was not “fair, reasonable, and adequate” as required by the Federal Rules of Civil Procedure. Judge Chin issued the decision over a year after the fairness hearing he conducted. His opinion agrees in large measure with the objections to the settlement asserted by the U.S. Department of Justice at the hearing and in its written submissions. This paper by Jonathan Band continues the series in which he discusses the opinion and where it leaves Google Books Search.
With the announcement that Justice John Paul Stevens will resign from the Supreme Court at the end of this term, Jonathan Band and Matt Schruers focus on one of his opinions that has had a direct daily impact on virtually all Americans: the majority opinion in Sony v. Universal, decided by the Supreme Court in 1984. This decision is the legal foundation of the Digital Age.
On Friday, November 13, 2009, Google, the Authors Guild, and the Association of American Publishers filed an Amended Settlement Agreement (ASA) in the copyright infringement litigation concerning the Google Library Project. The amendments proposed by the parties are designed to address objections made by the U.S. Department of Justice and copyright holders to the original proposed settlement agreement. This paper by Jonathan Band describes the ASA’s major changes, with emphasis on those changes relevant to libraries.
Jonathan Band’s article outlines the settlement’s provisions, with special emphasis on the provisions that apply directly to libraries. The settlement is extremely complex (over 200 pages long, including attachments), so this paper of necessity simplifies many of its details.
The Google Library Project: The Copyright Debate
American Library Association, Office for Information Technology Policy Brief, January 2006
By Jonathan Band
Matt Schruers and Jonathan Band comment on a recent opinion addressing the fair use implications of Internet file-sharing by end users.
The Authors Guild v. The Google Print Library Project
By Jonathan Band