2014), is a United States copyright decision finding search and accessibility uses of digitized books to be fair use.

A federal court ruled against the plaintiffs in October 2012, finding that HathiTrust's use was permissible under fair use.

In an opinion by Barrington Daniels Parker, Jr., the Second Circuit largely affirmed the lower court's findings of fair use for accessibility and search, remanding only to consider whether the plaintiffs had standing to sue about library preservation copies.

In addition, the HTDL makes its collection available to students with print disabilities by offering them secure system access for screen readers.

[1] Additionally, the University of Michigan library administers a project to identify orphan works.

The project originally planned to automatically publish suspected orphan works after a 90-day notice.

Use as a search engine has been deemed transformative before in Kelly v. Arriba Soft and Perfect 10 v. Amazon.

As for the amount of the works used, the court writes that "entire copies were necessary to fulfill Defendants' purposes of facilitation of searches and access for print-disabled individuals.

Finally, the plaintiffs claim that the HTDL harms their future plans to open or license their own library or search engine.

The court also notes that while all of the HTDL is covered under fair use, the Americans with Disabilities Act of 1990 and the Chafee amendment[12] also grant the libraries the right to provide access to copyrighted materials to print-disabled users.

The circuit court argues that merely making a work available to a broader audience than originally intended is not transformative.

The court compares providing access to the print-disabled to translating a work into a different language, where the latter is not generally considered transformative.