HathiTrust Digital Library searchable digitized books are in fair use, court rules

When it comes to copyright, the legal use of a work may hinge not on whether it is used, but how it is used. In a copyright case that has affected the publishing industry, it has been ruled that the creation of a searchable database of millions of books, featuring the full text of the books, was conducted under fair use. The HathiTrust Digital Library was founded in 2008 and features millions of copies of books from over 80 institutions. Google helped to digitize the books.

In 2004, authors and author's groups sued the HathiTrust Digital Library for infringement after research universities allowed Google to scan their books and put them into a database, according to an article in the Washington Examiner. The Author's Guild was one of the groups fighting against these actions, as they alleged that the digital copies infringed on the copyright of the writers. 

However, as Online Media Daily details, the 2nd Circuit Court of Appeals issued the decision that the copied works were used in accordance with fair use, calling the copies "transformative."

"The creation of a full-text searchable database is a quintessentially transformative use," said the three-judge panel of the appellate court in its decision. "By enabling full-text search, the HDL (HathiTrust Digital Library) adds to the original something new with a different purpose and a different character."

Users are able to search the HathiTrust Digital Library using words or phrases and the search results will display the page number upon which those words or phrases appear, it does not let them read the text unless it has been authorized.  

Copyright infringement can carry serious consequences. Businesses with valuable intellectual property should take the measures necessary to protect works from possible infringement. A Phoenix small business attorney can provide counsel in these matters. 

Categorised in: Intellectual Property Law

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