Fans of fair use were encouraged by the October 10 opinion of Judge Harold Baer Jr., of the U.S. District Court for the Southern District of New York that found the HathiTrust’s digitization of copyrighted works for preservation and full-text searching and indexing, and to help visually disabled patrons discover material use of copyrighted works counted as fair use under copyright law.
“I am convinced that [the facts here] fall safely within the protection of fair use such that there is no genuine issue of material fact. I cannot imagine a definition of fair use that would not encompass the transformative uses made by Defendants' [Mass Digitization Project] and would require that I terminate this invaluable contribution to the progress of science and cultivation of the arts that at the same time effectuates the ideals espoused by the [Americans with Disabilities Act].”
Authors Guild, Inc. v. HathiTrust, 11 CV 6351 HB, 2012 WL 4808939, 2012 U.S. Dist. LEXIS 146169 (S.D.N.Y. Oct. 10, 2012).