From the Association of Research Librarians site here is the LCA statement in full:
LCA Statement on Authors Guild, Inc., et al. v. HathiTrust et al.
Washington, DC—Today, the Library Copyright Alliance (LCA) released the following statement concerning the lawsuit, Authors Guild, Inc., et al. v. HathiTrust et al., against HathiTrust and its research library partners.
We are deeply disappointed by the Authors Guild’s decision to file a lawsuit, Authors Guild, Inc. et al. v. HathiTrust et al., against HathiTrust and its research library partners. The case has no merit, and completely disregards the rights of libraries and their users under the law, especially fair use. The HathiTrust and its partners have assembled an unprecedented digital resource that will ensure secure, long-term preservation of nearly 10 million volumes held in member library collections. The majority of these works are not available commercially and will disappear completely if not for library stewardship. We applaud the modest steps HathiTrust and its partners have taken to foster those “orphan” works whose owners have abandoned them to library care. The HathiTrust adds significant value to library collections in support of teaching, research, and learning, while respecting the law. It is deplorable that eight authors and three special interest groups are trying to dismantle this invaluable resource out of a misplaced fear of the digital future. We are confident the court will not look kindly on this shortsighted and ill-conceived lawsuit. Authors Guild President Scott Turow wrote earlier this year, “I count myself as one of millions of Americans whose life simply would not be the same without the libraries that supported my learning.”1 It is a shame that the Authors Guild fails to understand what Mr. Turow expressed so well, the vital role that libraries play in our cultural ecosystem.
To view a PDF of this statement, please visit: http://www.arl.org/bm~doc/announce_lca-agvhathitrust_14sept11.pdf
1 http://www.huffingtonpost.com/scott-turow/letthemeatcakeattitude-th_b_823609.html
The Library Copyright Alliance (LCA) consists of three major library associations—the American Library Association, the Association of Research Libraries, and the Association of College and Research Libraries. These three associations collectively represent over 300,000 information professionals and thousands of libraries of all kinds throughout the United States and Canada. http://librarycopyrightalliance.org/
Sometimes groups have to lose and pay before they learn to play by the rules. Judging by their submissions in the Google Book Settlement dispute, university libraries seem to regard copyright law as saying whatever they want it to say.
If they continue to fight this one, they’re likely to lose and establish some case law precedents they may not like. (So far, they’ve flown beneath the radar.) They’d be better advised to settle out of court with extensive concessions to the Author’s Guild.
The LCA might want to consider agreeing to an opt-in rental or pay-per-view system. It’d make what they’re doing legal, it’d benefit faculty/students/clients, and it’d provide income for long out-of-print authors. It might even be integrated into class reading assignments at universities, improving that dreadful can of worms.