The Authors Guild responded to our request for comment after Wednesday’s Publishers Lunch was dispatched. Executive director Paul Aiken said, “We plan to appeal the decision” from Judge Denny Chin finding that Google’s book scanning was protected fair use under copyright law. Aikens added: “We disagree with and are disappointed by the court’s decision. This case presents a fundamental challenge to copyright that merits review by a higher court. Google made unauthorized digital editions of nearly all of the world’s valuable copyright-protected literature and profits from displaying those works. In our view, such mass digitization and exploitation far exceeds the […]
Legal
Judge Chin Finds Google’s Book Scanning Is Fair Use, First Ruling In Eight-Year Case
After 8 years of litigation over Google’s broad-scale scanning and indexing of more than 20 million books in libraries, Judge Denny Chin has granted summary judgment in favor of Google, ruling that their work qualifies as fair use. The revised case brought by the Authors Guild and individual authors has been dismissed. Judge Chin’s ruling is sweepingly in Google’s favor, praising the service the company has provided and offering no shades of grey or nuance of interpretation in weighing whether it qualifies as fair use. Judge Chin’s examination of all four factors to evaluate fair use is unequivocable, beginning with the […]
Malcolm X Heirs Sue to Block Publication of A Diary One Daughter Authorized
Several of Malcolm X’s family members are reported to have filed a lawsuit last Friday to block publication by Chicago-based Third World Press of a diary the civil rights leader wrote in the last year of his life. The reproduction of a private diary kept as he travelled to the Middle East and Africa immediately before his assassination was scheduled for publication this week and lists daughter Ilyasah Shabazz as one of the book’s co-editors. The lawsuit, obtained by the NY Post and other publications and apparently filed in “Manhattan federal court” (but not yet listed on any federal docket) […]
Hachette Hopes for Resolution with Cramer Estate “Without Further Need for Litigation”
Late Friday Hachette spokesperson Sophie Cottrell clarified their position in the ongoing litigation with the estate of Richard Ben Cramer that we reported on. Hachette re-filed their claim, Cottrell explained, “with the cooperation of and prior discussion with the attorney for Cramer’s estate” and, moreover, is “attempting to work with the estate to resolve this matter without further need for litigation.” Cottrell reiterated that the initial lawsuit “was a means of last recourse by Hachette for repayment” of Cramer’s outstanding advance. (Lawyers for Cramer’s estate had still not responded to our request for comment.)
Hachette Continues Pursuing Richard Ben Cramer’s Estate
When Richard Ben Cramer, the Pulitzer Prize-winning journalist and author of WHAT IT TAKES (1992), the influential 1988 presidential campaign chronicle, died January 7 from complications of lung cancer only days after being diagnosed with the illness, he had just been served by a lawsuit from his onetime publisher, Hachette Book Group’s Twelve imprint, for failing to deliver a manuscript on now-disgraced New York Yankees baseball player Alex Rodriguez. At the time of Cramer’s death, a spokesperson for Hachette told us “we were very surprised to hear of Mr. Cramer’s illness. We had been trying to contact him for well […]
States’ New Expert Magically Increases eBook Damages Estimate By 40 Percent
The new battleground in the ebook pricing case — to determine how much Apple will pay in damages, assuming their appeal is unsuccessful — has just begun. (So you should be wary of any headlines that imply otherwise.) Expect a number of filings and counter-arguments in the months to come, and remember most importantly that Apple’s liability will be determined at a separate trial scheduled for next May. Everything else is preamble. It will not shock you that the states have found themselves a new expert, professor emeritus at Stanford Roger Noll, who has decided that the “damages” to consumers […]