©2013. Published in Landslide, Vol. 5, No. 4, March/April 2013, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.
Associations Lack Standing under Copyright Act
Authors Guild, Inc. v. HathiTrust, 104 U.S.P.Q.2d 1659 (S.D.N.Y. 2012). The Authors Guild and other organizations that represent copyright owners (collectively Authors Guild) sued HathiTrust, a group of university libraries that allowed Google to create digital copies of the works within the libraries and provided the libraries with searchable digital copies of the works, for copyright infringement. HathiTrust moved for judgment on the pleadings that the organizations lacked standing, while the plaintiffs moved for summary judgment that certain defenses, including fair use, were not available to HathiTrust. The district court granted HathiTrust’s motion that the organization lacked standing, and granted HathiTrust’s motion for summary judgment of fair use.
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