Authors Guild v. HathiTrust

We submitted an amicus brief on behalf of the Electronic Frontier Foundation in support of the HathiTrust “mass digitization” project. HathiTrust, backed by a consortium of university libraries and Google, has digitized millions of copyrighted books and incorporated them into a database without the consent of copyright owners. The brief addressed whether changing a work from print form to a digital database in order to add new uses counts as “transformative” under copyright fair use factor 1. In June 2014, the Second Circuit affirmed the district court’s decision that HathiTrust Digital Library’s use of the copyrighted works for full-text search constitutes a “fair use.” The court also affirmed the district court’s ruling that fair use allows the libraries to provide the works in formats accessible to the print-disabled.

Firm Highlights

Publication

Copyright Issues for Nonprofits

Welcome to EO Radio Show – Your Nonprofit Legal Resource . This episode covers the basics of copyright law that most nonprofits need to know about. We answer the questions: Who owns what? How...

Read More
News

PNC Scores a Win in Battle With USAA Over Mobile Check Deposit Patents

Eugene Mar, intellectual property litigation partner and chair of the Technology Industry Group, spoke to American Banker for the article "PNC Scores a Win in Battle With USAA Over Mobile Check Deposit Patents." "My...

Read More
News

Tim Horgan-Kobelski Named a Rising Star in IP by Managing IP

Headshot of Tim Horgan-Kobelski
Read More
News

Farella Braun + Martel Earns 2023 U.S. News – Best Lawyers® "Best Law Firms" Rankings

Read More
Publication

Nonprofit Websites and Terms of Use - Best Practices and Common Pitfalls

Welcome to EO Radio Show – Your Nonprofit Legal Resource . Happy New Year, everyone!  In episode 26, Cynthia Rowland and her guest Nate Garhart discuss websites and terms of use and the legal concepts...

Read More
Publication

What Recent Rulings in 'hiQ v. LinkedIn' and Other Cases Say About the Legality of Data Scraping

LinkedIn obtained a permanent injunction on Dec. 6 in its six-year-old lawsuit against data scraping company hiQ Labs, which LinkedIn quickly cheered as a “final, decisive victory” that established an “important legal precedent.” While...

Read More
Publication

Under FTC’s New Proposed Rule, Employers Will No Longer Be Able to Rely on Noncompete Agreements

The Federal Trade Commission (FTC) has proposed a rule that would prohibit the use of noncompete agreements in employment contracts. Noncompete agreements prevent employees and independent contractors from pursuing certain forms of employment &ndash...

Read More
News

Farella Braun + Martel Announces 2023 New Partner Class

Read More
Publication

Failures Are Valuable IP: Protect Your Startup’s Negative Trade Secrets

Technology companies and start-ups are familiar with protecting inventions with patents, and protecting their secret formulas, source code, and algorithms as trade secrets. But tech companies may not be aware of another powerful form of...

Read More
Publication

How To Avoid Allegations of Trade Secret Misappropriation in California

When departing a company, an executive, founder, or employee with access to trade secrets or confidential information may face legal allegations around whether they will use or disclose their former employer’s trade secrets at...

Read More