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Authors Guild v. HathiTrust : ウィキペディア英語版
Authors Guild, Inc. v. HathiTrust

''Authors Guild v. HathiTrust'', 755 F.3d 87 (2d Cir. 2014), is a copyright decision finding search and accessibility uses of digitized books to be fair use.
The Authors Guild, other author organizations, and individual authors claimed that the HathiTrust Digital Library had infringed their copyrights through its use of books scanned by Google. A federal court ruled against the plaintiffs in October 2012, finding that HathiTrust's use was permissible under fair use. The plaintiffs appealed the decision to the Second Circuit, and were rebuffed in 2014. In an opinion by Barrington Daniels Parker, Jr., the Second Circuit largely affirmed the lower court's findings of fair use for accessibility and search, remanding only to consider whether the plaintiffs had standing to sue about library preservation copies. The remaining claims were settled on January 6, 2015.〔Andrew Albanese, ("Authors Guild Drops HathiTrust Case" ), ''Publishers Weekly'', Jan. 8, 2015.〕〔Krista Cox, ("Authors Guild v. HathiTrust Litigation Ends in a Victory for Fair Use" ), Association of Research Libraries, Jan. 8, 2015.〕〔(Stipulation ), ''Authors Guild v. HathiTrust'', Southern District of New York, Case 1:11-cv-06351-NRB Document 182, Filed Jan. 6, 2015.〕
==Background==

The HathiTrust Digital Library (HDL) is a spin-off of the Google Books Library Project. It was founded in 2008 by the Committee on Institutional Cooperation and the University of California system. The collections of these university libraries were digitized by Google and then combined by HDL. The digitization by Google has been the subject of a separate lawsuit.
HDL's main objective is the long-term preservation of the collection. Member libraries may order replacement copies of works if "(1) the member already owned an original copy, (2) the member's original copy is lost, destroyed, or stolen, and (3) a replacement copy is unobtainable at a fair price." The HDL main functionality is full-text search. When search results are found in works in the public domain, the work is displayed online, and so are works for which the copyright holder has granted permission. For other works, only page numbers and the number of search results per page are shown. In addition, the HDL makes its collection available to students with print disabilities by offering them secure system access for screen readers. The collection of works available to print-disabled students through HDL is often larger and easier to navigate than those offered through most university student disability student services offices.
Additionally, the University of Michigan library administers a project to identify orphan works. An orphan work is a copyrighted work whose owner cannot be identified or contacted. The Orphan Works Project focuses primarily on works in the HDL. The project originally planned to automatically publish suspected orphan works after a 90-day notice. This plan was never implemented and was suspended indefinitely after the complaint in this case was filed.

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