Tech Matters: Using tech for positive social change

Two days ago, on Tuesday, June 10, the Second Circuit Court of Appeals in New York made a major ruling that emphasizes the legality of fair use for book digitization. In Authors Guild v. HathiTrust, a unanimous three-judge panel  concluded that digitizing books in order to enhance research and provide access to individuals with print disabilities is lawful on the grounds of fair use —that is, a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work ( Section 107 of the U.S. copyright law). This is an immense victory for fair use as the basis of a balanced intellectual property system, and we, at Benetech, are delighted by it and by its tremendous positive implications for the public interest. What is this court case and why do we care so much about it? As a non-lawyer, let me explain from the point of view of a technologist who cares passionately about accessibility for people with disabilities. The HathiTrust Digital Libr...

The next time you set your digital device of choice to record your favorite show so you can watch it whenever you want, take a moment to be thankful that you’re protected from lawsuits from the entertainment industry. For on January 17, 1984, the Supreme Court of the United States ruled that consumers could tape their favorite TV shows and watch them later without the copyright holder’s consent. Such action, the Court decided, didn’t constitute copyright infringement because it was fair use , that is, a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. This ruling by the Supreme Court in Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984), also known as the “ Betamax case ”, is a landmark copyright precedent that has had enormous implications for the media economy. It affected every step of the evolution of digital media—from the VCR to the digital video recorder to YouTube. It also underscores just ...