United States Second Circuit

Summary judgment in favor of defendants and dismissal of plaintiffs' claims of copyright infringement arising out of defendant-universities' decision to allow Google to electronically scan the books in their collections, and set up defendant-trust to maintain the digital library, are: 1) affirmed in part, where certain plaintiffs lack associational standing, the doctrine of "fair use" allows defendants to create a full‐text searchable database of copyrighted works and to provide those works in formats accessible to those with disabilities, and the claims predicated upon the Orphan Works Project are not ripe for adjudication; but 2) vacated in part and remanded insofar as it is based on the holding that the claim of infringement is predicated upon defendants' preservation of copyrighted works.

Appellate Information

• Decided 06/10/2014
• Published 06/10/2014

Judges

• PARKER

Court

• United States Second Circuit

Counsel