Case Distinctions
The Authors Guild, Inc. v. HathiTrust could buttress Google’s fair use defense in the Google Books litigation because it holds that digitizing books…
December 18, 2012 at 04:18 AM
5 minute read
The Authors Guild, Inc. v. HathiTrust could buttress Google's fair use defense in the Google Books litigation because it holds that digitizing books to enable online search is a fair use. However, some experts believe the two cases are easily distinguishable.
“Here [in HathiTrust] we are talking about non-profit libraries, not the huge multinational corporation that is Google,” says Brad Newberg, a partner at Reed Smith. “Google is making a commercial use, seeking to drive more people to Google. And Google is showing snippets of text [in its search results], unlike here.”
Other experts assert the similarities of the two cases far outweigh the differences. Both Google Books and HathiTrust have “the same underlying notion that this [online search] is a very valuable service, and there is an absence of any harm to authors. So this [HathiTrust] case will be very persuasive,” says Jonathan Band, a copyright attorney who represented amicus the American Library Association in HathiTrust.
The Authors Guild, Inc. v. HathiTrust could buttress
“Here [in HathiTrust] we are talking about non-profit libraries, not the huge multinational corporation that is
Other experts assert the similarities of the two cases far outweigh the differences. Both
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