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Amicus Briefs

  • LCA Joins Amicus Brief Supporting Defendant-Appellees in Garcia v. Google
    On April 17, 2014, members of the Library Copyright Alliance (LCA) filed an amicus brief in support of defendant-appellees in the Garvia v. Google, Inc. case being heard in the 9th Circuit Court of Appeals. Read Brief

  • LCA Files Amicus Brief in Authors Guild v. HathiTrust Appeal
    On June 3, 2013, members of the Library Copyright Alliance (LCA) filed an amicus brief with the Second Circuit Court in support of HathiTrust. Read Brief

  • LCA Supports Georgia State University in Amicus Brief
    On April 26, 2013, members of the Library Copyright Alliance (LCA) filed an amicus brief in support of Georgia State University in its case against Cambridge University Press, Oxford University Press, and Sage Publications. Read Brief

  • LCA Files Amicus Brief Supporting Defendant-Appellant and Reversal in Authors Guild v. Google
    On November 16, 2012, members of the Library Copyright Alliance (LCA) filed an amicus brief in support of defendant-appellant and reversal in the Authors Guild v. Google, Inc., case being heard in the 2nd Circuit Court of Appeals. Read Brief

  • ARL Joins ALA, ACRL, and EFF in Amicus Brief Supporting Google Book Search
    On August 1, 2012, members of the Library Copyright Alliance (LCA) joined EFF in an amicus brief in support of the Google Book Search settlement. Read Brief

  • LCA and EFF File Second Amicus Brief in Authors Guild v. HathiTrust
    On July 6, 2012, members of the Library Copyright Alliance (LCA), along with the Electronic Frontier Foundation (EFF), filed an amicus brief to reassert its position in defending the fair use rights of libraries. Read Brief

  • LCA Files Amicus Brief with Supreme Court in Kirtsaeng v. Wiley
    On July 3, 2012, members of the Library Copyright Alliance (LCA) filed an amicus brief in support of Supap Kirtsaeng and the right of the First Sale doctrine. Read Brief

  • LCA Files Amicus Brief in Authors Guild v. HathiTrust
    On April 20, 2012, members of the Library Copyright Alliance (LCA) filed a friend of the court brief to defend the fair use rights of libraries. The libraries’ brief was prepared by Jonathan Band. Read Brief

  • LCA Members Join Other Non-Profits in Golan v. Holder Amicus Brief
    On June 21, 2011, the Association of Research Libraries (ARL), the American Library Association (ALA), and the Association of College and Research Libraries (ACRL) joined the Internet Archive, the Wikimedia Foundation, and the University of Michigan Library in Ann Arbor in an amicus brief, arguing that Amici share a concern that the effects of Section 514 of the Uruguay Round Agreements Act, 17 U.S.C. § 104A (which restored copyright protection for certain foreigh works that had previously been in the public domain) poses a significant threat to the ability of libraries and digital repositories to promote access to knowledge. Read Brief

  • LCA Members Join Other Non-Profits in Additional Vernor v. Autodesk Amicus Brief
    On June 20, 2011, the Association of Research Libraries (ARL), the American Library Association (ALA), and the Association of College and Research Libraries (ACRL) joined the Electronic Frontier Foundation (EFF), Public Knowledge (PK) the Consumer Federation of America, and the Public Interest Research Group (PIRG) in an amicus brief, arguing that Vernor v. Autodesk presents a crucial opportunity to clarify and affirm the viability of the first sale doctrine in the digital age, and urging the Court to take up the case. Read Brief

  • LCA Members Join Other Non-Profits in Vernor v. Autodesk Amicus Brief
    On October 12, 2010, the Association of Research Libraries (ARL), the American Library Association (ALA), and the Association of College and Research Libraries (ACRL) joined the Electronic Frontier Foundation and Public Knowledge in an amicus brief requesting an “en banc” review of the recent court decision concerning software licensing and the first sale doctrine. Read Brief

  • LCA Members Join Other Non-Profits in Bouchat v. Ravens Amicus Brief
    On September 17, 2010, the Association of Research Libraries (ARL), the American Library Association (ALA), the Association of College and Research Libraries (ACRL), joined the International Documentary Association (IDA) and the WGBH Educational Foundation in an amicus brief prepared by Anthony Falzone at the Stanford Fair Use Project, asking for the full Fourth Circuit to rehear the case of Bouchat v. Ravens and reconsider the panel’s flawed fair use reasoning. Read ARL Press Release Read ARL Policy Blog Read Brief

  • LCA and Other Groups Join Electronic Frontier Foundation to File Amicus Brief in UMG v. Veoh
    On July 26, 2010, the Library Copyright Alliance joined a coalition of public interest and consumer groups in an amicus brief written by the Electronic Frontier Foundation (EFF) asking the Ninth Circuit to reject the arguments made by Universal Music Group (UMG) and affirm the lower court's decision in UMG v. Veoh. Read Brief [PDF]

  • LCA Files Amicus Brief in Costco v. Omega
    On July 8, 2010, the Library Copyright Alliance filed an amici curiae brief in support of the Petitioner, urging the Court to reject the Ninth Circuit's interpretation of the first sale doctrine. Read Brief [PDF]

  • LCA Members and Other Groups File Amicus Brief in Viacom v. YouTube
    On April 12, 2010, members of the Library Copyright Alliance joined other groups in filing an amici curiae brief urging the Court to reject the Plaintiffs' interpretation of Section 512 of the Digital Millennium Copyright Act (DMCA). Read Brief [PDF]

  • ARL, ALA, and ACRL and Other Groups File Amicus Brief in Vernor v. Autodesk, Inc.
    On February 11, 2010, the Library Copyright Alliance members joined the Consumer Federation of America (CFA), the Electronic Frontier Foundation (EFF), Public Knowledge (PK), and U.S. Public Interest Research Group (U.S. PIRG) in filing an amici curiae brief asking the Court to affirm the lower court ruling, recognizing that a proper application of the first sale doctrine here requires a ruling in favor of Mr. Vernor’s right to resell the four AutoCAD CD-ROMs at issue. Read Brief [PDF]

  • ARL, ALA and ACRL and Other Groups File Amicus Brief in Salinger v. Colting
    On August 3, 2009, the Library Copyright Alliance members joined the Organization for Transformative Works and the Right To Write Fund in filing an amici curiae brief asking the U.S. Court of Appeals for the Second Circuit to reverse the Federal District Court’s ruling in Salinger v. Colting. Read Brief [PDF]

  • LCA Files Amicus Brief in Support of Google
    On July 20, 2006, members of the Library Copyright Alliance signed on to a legal brief in support of Google in Perfect 10 Inc., v. Google, Inc. The brief addresses three issues of essential importance for the future of the internet, (1) whether providing a link to an image hosted on a third party website directly infringes a copyright owner’s public display right: (2), the proper legal standards governing the application of copyright’s secondary liability principles to internet search engines like Google; and (3) whether the creation and display of thumbnails by search engines properly qualifies as fair use. Read Brief [PDF]

  • U.S. Supreme Court Rules on MGM v. Grokster
    June 27, 2005--In a unanimous ruling in Metro-Goldwyn-Mayer Studios v. Grokster, the U.S. Supreme Court declared that distributors of peer-to-peer (P2P) file-sharing systems may be held liable if they actively induce copyright infringement by users of those P2P systems. Importantly, the Court strongly reaffirmed its earlier ruling in Sony Corp of America v. Universal City Studios which held that technologies could not be outlawed if they were capable of substantial noninfringing uses. The Library Copyright Alliance welcomes this balanced decision that supports the interests of libraries while addressing issues of widespread copyright infringement. By focusing on conduct that induces infringement, rather than on the distribution of technology, the decision ensures the continued availability of new and evolving digital technologies to libraries and their patrons.

The U.S. Supreme Court's decision followed its March 29, 2005, hearing of arguments in the case Metro-Goldwyn-Mayer Studios v. Grokster. This is an important case to the library, education, technology and consumer electronics communities as there are significant implications for future technological development and innovation. In this case, 28 entertainment companies sued the makers of file-sharing services, Grokster, Kazaa, and Morpheus. The 9th U.S. Circuit Court of Appeals in San Francisco ruled that file-sharing services were not liable for their users' illegal activity. The ruling cited the precedent set in the U.S. Supreme Court decision, Sony Corp. v. Universal City Studios (known as the Sony Betamax decision, 1984), and noted that file sharing systems have significant non-infringing uses not unlike videocassette recorders that allow consumers to make copies of copyrighted works for the purposes of time-shifting. The Library Copyright Alliance (composed of American Association of Law Libraries, American Library Association, Association of Research Libraries, Medical Library Association, and Special Libraries Association), the Internet Archive, the ACLU, and Project Gutenberg filed an amicus brief before the U.S. Supreme Court. The brief presented includes examples of peer-to-peer applications in the education and library arenas as well as a focus on free speech issues. Read Brief [PDF] These organizations also filed an amicus brief when the case was before the Court of Appeals. Read Brief [PDF]