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Last month, the U.S. Court of Appeals for the Second Circuit issued a ruling in the Authors Guild vs. HathiTrust case, loudly cheered by libraries for its affirmation of a lower court’s ruling that digitization for the HathiTrust Digital Library constitutes fair use. ARL Policy Notes posted a good synopsis of the ruling, and HathiTrust issued a statement and rounded up links to coverage, should you want to read more on the decision itself.

This week, Jonathan Band, noted intellectual property attorney and legal counsel for the Library Copyright Alliance, issued a paper addressing how libraries interested in mass digitization projects can look to the HathiTrust decision for guidance. It is a short but detailed analysis of the decision that, coupled with the Code of Best Practices in Fair Use, provides reassurance to libraries that, provided they meet certain standards, mass digitization projects may be permissible under fair use.