October 22, 2012New York State Bar Association EASL Blog

Herrick, Feinstein Partner and Chair of the Intellectual Property and Technology Group, Barry Werbin, wrote an article discussing the recent decision by Judge Harold Baer (SDNY) in The Authors Guild, Inc. et al v. Hathitrust et al. Mr. Werbin notes that one of the significant outcomes of the decision will be "the overriding impact of a 'transformative use' finding under the first statutory factor, and how it carried the day in the court's assessment of the other three factors in the case." He further states that, "Regardless of how the Second Circuit ultimately will assess 'transformative' use and the fair use factors in this case, and perhaps the pending Authors Guild v. Google case if it ever gets to that substantive stage, will be one of the seminal copyright rulings of the modern era."