In a recent filing with the U.S. District Court for the Southern District of New York, the Authors Guild gave notice that it is appealing Judge Denny Chin’s ruling in the case Authors Guild v. Google Inc. before the U.S. Court of Appeals for the Second Circuit. The Authors Guild’s appeal can be found here.
The IFRRO Board has decided to join an amicus curiae brief in favour of The Authors Guild’s appeal. The complete brief of the amici IFRRO, IPA, STM and the former Register of Copyrights Marybeth Peters in support of The Authors Guild can be found here.
In this joint brief, amici argue that the District Court’s fair use analysis conflicts with the Second Circuit’s precedents, which require U.S. courts to assess each instance of copying on a “case-by-case” basis to determine, inter alia, whether the defendant has created a transformative work that provides the public with “new expression, meaning, or message”, or has instead merely repurposed copyrighted material for commercial purposes in a manner that harms the copyright owner’s potential markets for exploiting the work. The District Court’s approach also raises serious questions regarding whether the U.S. is complying with its international obligations. Reversing and remanding the case could lead to a more equitable, calibrated solution, similar to the licensing solutions that have emerged in other cases and countries.
IFRRO has also written a separate letter of support in favour of The International Authors Forum (IAF) regarding their own amicus curiae brief in favour of The Authors Guild. The IAF amicus curiae brief can be found here.
All amicus curiae briefs are available here.