Karen Coyle has done an excellent write up of this so I will refer you there.
The full impact of this ruling is impossible (for me) to predict, but there are many among us who are breathing a great sigh of relief today. This opens the door for us to rethink digital scholarship based on materials produced before information was in digital form.
Folks can read the actual ruling (pdf) if they’d like. This is a very big deal. Thanks to folks who worked so hard on getting us to this place. I’ll add a few links here as they come in.
- Kenneth Crews, Columbia Copyright Advisory Office: “This ruling joins court decisions about HathiTrust and electronic reserves in demonstrating that even extensive digitization can be within fair use where the social benefits are strong and the harm to rightsholders is constrained. There will be more to come as we transition into a new era of copyright, technology, and even reading.”
- Brandon Butler, ARL Policy Notes blog; “The decision is a victory not only for transformative, non-consumptive search, but also for serving “traditionally underserved” libraries and their users, including disabled patrons.”
- Paul Alan Levy: “This ruling provides a road map that allows any other entity to follow in Google’s path.”
- Timothy Lee, Washington Post: “Many innovative media technologies involve aggregating or indexing copyrighted content. Today’s ruling is the clearest statement yet that such projects fall on the right side of the fair use line.”
- Mike Masnick at Techdirt: “It all comes together in making a very strong argument that Google’s book scanning promotes the progress of the arts and sciences just like copyright is supposed to do.”
- InfoDocket also has an updating list of links to discussion of the decision.