Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Google Books' Fair Use Win
Rejecting a decade-long attack on Google's mass reproduction of millions of books as well as its presentation of “snippets” ' sections of works set alongside information on how readers can buy the books ' the U.S. Court of Appeals for the Second Circuit court decided that Google Books has a “highly convincing transformative purpose” and thus is a protected fair use for which the company cannot be held liable under the Copyright Act.
Circuit Court Pierre Leval, Jose Cabranes and Barrington Parker made the decision in The Authors Guild v. Google Books, 13-4829 (Second Cir., Oct. 16, 2015). The appeals court upheld a 2013 grant of summary judgment in Google's favor by then-Southern District Judge Denny Chin, who found fair use in a decision that ruled in favor of the company's 2004 Library Project, in which libraries and the company collaborated on the mass digitization of library books. Since the project's inception, libraries have downloaded more than 2.7 million digital copies of their own books.
Judge Chin found significant public benefits for the Google Books project, which now has more than 20 million books, including the transformation of “expressive text into a comprehensive word index that helps readers, scholars, researchers, and others find books.” Judge Chin said the project helped preserve books, gave underserved populations access to books, and aided scholars to analyze large amounts of data through the use of “text mining” and “data mining.”
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
The Benefits of Blockchain for e-Discovery and Data Preservation
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.