Fair Use Victory Advances a Future of Accessibility for All
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...