Libraries that digitize
books in order to make them searchable do not infringe copyright, a US federal appellate
court has ruled recently. The decision, issued by the 2nd Circuit Court of
Appeals, marks a major defeat for the Authors Guild of USA, which had contended
that the Hathi Trust -- a joint digital book storage project of 13 universities
-- infringed writers' copyright by making digital copies of the books. A three-judge
panel of the appellate court said the libraries and Hathi Trust are protected
by fair use principles, because the digital copies, which enable people to search
through books online, are “transformative.” “The creation of a full-text
searchable database is a quintessentially transformative use,” the appellate
said in its decision.
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