From: Kevin Smith <[log in to unmask]>
To: LibLicense-L Discussion Forum <[log in to unmask]>
Date: Mon, 19 Oct 2015 13:15:01 +0000

I have blogged about the ruling at:

http://blogs.library.duke.edu/scholcomm/2015/10/18/google-books-fair-use-and-the-public-good/

but wanted to make an additional observation.  As I read, and wrote
about, Judge Leval's effort to distinguish a transformative use from
the creation of a derivative work, I was forcefully remind of
Professor L. Ray Patterson's frequently rejected distinction between
using a work and using the copyright in the work.  Perhaps Patterson
was not so off-the-wall as some thought, merely ahead of his time.

Kevin L. Smith
Director, Copyright & Scholarly Communication
Duke University Libraries

-----Original Message-----
From: Ann Shumelda Okerson <[log in to unmask]>
Date: Sun, 18 Oct 2015 19:51:23 -0400

Reuters:  A U.S. appeals court ruled on Friday that Google’s massive
effort to scan millions of books for an online library does not
violate copyright law, rejecting claims from a group of authors that
the project illegally deprives them of revenue.

The 2nd U.S. Circuit Court of Appeals in New York rejected
infringement claims from the Authors Guild and several individual
writers, and found that the project provides a public service without
violating intellectual property law.

We recommend the roundup from Gary Price of INFOdocket.  See for
summaries, link to decision, commentary, and much more, at:

http://www.infodocket.com/2015/10/16/ruling-just-in-google-book-scanning-project-legal-says-u-s-appeals-court/

Any consequences, for example, for HathiTrust?  Maybe not...