HathiTrust Digital Library and the Fair Use Defense

Preservation and dissemination of information is the cornerstone of most libraries. With the onset of the digital age, libraries of all sizes began scanning and cataloging their older documents and pictures, making them available on the Internet. In 2004, a consortium of 13 university libraries partnered with Google, Inc. began digitizing millions of unique titles, revolving in the HathiTrust Digital Library. In 2012, the Authors Guild filed a lawsuit on behalf of its members against HathiTrust and Google, separately for copyright infringement and unauthorized reproduction. HathiTrust and Google maintained a fair use defense. HathiTrust effectively demonstrated their database and its availability to print-disabled patrons are highly transformative. By digitizing print, analog works, Google was able to create a searchable database of materials. In addition to the search function, libraries are able to use the digitized copy for their print-disabled patrons. The District Court and the Court of Appeals upheld the HathiTrust and Google's fair use defense, the highly transformative use contributing the most to the fair use balance. The HathiTrust and Google decisions demonstrate how fair use applies in the context of digitalization projects within libraries. The HathiTrust decision specifically, serves as a guide for libraries looking to digitize their analog works collections. By maintaining specific characteristics within the digitization process, libraries can maintain copyright law compliance. For example, by restricting reproductions of copyrighted materials for preservation and transformative uses, libraries can maintain exercise fair use practices. Also, seen by the District Court judge as the most important reasons for upholding the HathiTrust, access for the print-disabled communities provides more than just access for a marginalized community, it provides a public good for society. By following some of these conditions, libraries can feel confident going through with a digitization project.