Academic Libraries as Unlikely Defendants: A Comparative Fair Use Analysis of the Georgia State University E-Reserves and HathiTrust Cases

Academic libraries rely on fair use for key functions in support of education. Among these functions are provision of electronic reserves, mass digitization, provision of access for print-disabled students, and preservation. These were the practices at issue in the 2008 Georgia State University e-reserves case and the 2012 HathiTrust case. This article explores the two lawsuits where libraries were sued for alleged copyright infringement. We explore how the courts in each case applied fair use to the facts of the case, compare and contrast the courts' analysis, and explain the role that transformative use plays in distinguishing the outcomes. Finally, the article applies lessons learned from the two cases to common library activities.