Wednesday, July 30, 2014
“What Does the HathiTrust Decision Mean for Libraries?” As 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.” The paper reviews several issues including mass digitization and storage, access to works, suggestions concerning other forms of access, and associational standing. Band concludes:

"The HathiTrust decision provides libraries with much greater certainty concerning their mass digitization projects. The decision indicated that the act of digitization and the storage of digital files is a fair use if the libraries provide full-text search functionality and full-text access to disabled individuals. with respect to full-text access to the non-disabled the court ruled that a use could be transformative if the function or purpose of the use is different from that of the original work."