Research Library Issues: A Report from ARL, CNI, and SPARC 2015
Special Issue on Copyright
Prudence S. Adler, Associate Executive Director, Federal Relations and Information Policy, ARL
Tmajor implications for the work of research libraries and higher education, especially in regard tohere has been a significant amount of activity on copyright issues over the past year and a half—in US courts, in the US Congress, and at the international level. Many of these activities have
the ability of these institutions to fulfill their missions.
In “Fair Use Rising: Full-Text Access and Repurposing in Recent Case Law,” Brandon Butler, practitioner-
in-residence at the American University Washington College of Law, reviews six recent fair use decisions
that cut across many socially important and beneficial purposes. He highlights the trend of courts finding
in favor of allowing “the broad redistribution of unaltered, full-text documents for new purposes.” Butler
explains how this trend presents new opportunities for research libraries to use and re-purpose the full
text of copyrighted works in their collections.
Exploring the implications of one critically important case for research libraries, Jonathan Band, legal
counsel to the Library Copyright Alliance (LCA), reviews key aspects of the decision inAuthors Guild v.
HathiTrust. Band notes, “The decision has implications for libraries that go far beyond the specific facts of
the case. This paper offers some preliminary thoughts on what these implications may be.” Band reviews
several issues including mass digitization and storage, access to works, suggestions concerning other
forms of access, and associational standing. With the recent settlement of theHathiTrust case and the
rulings by the district and appeals courts, libraries may now, with strong confidence, engage in mass
digitization, provide access to digitized texts for the print-disabled, and more.
Finally, Krista Cox, director of public policy initiatives for ARL, In This Issue
reviews a range of international activity relating to copyright
and what all of these activities mean for research libraries in Fair Use in Recent Case Law ...3
“International Copyright Developments.” These developments
range from work at the World Intellectual Property HathiTrust Decision and
Organization (WIPO) on the Marrakesh Treaty for the Blind, Libraries ...................................7
Visually Impaired, or Print Disabled, to WIPO discussions
of exceptions and limitations for libraries and education, as
well as international trade agreement negotiations that have Developments .......................14
been underway for quite some time. All of these international
activities have long-term implications for how research libraries
and higher education may engage in research, teaching, and learning.