Glenn Pudelka, an intellectual property attorney in Edwards Wildman
's Boston office, analyzed a recent ruling by a New York federal judge on how a coalition of universities may create a digitalized library of copyrighted works because the project preserves the works while adding enhanced search options and giving access to the visually impaired. The Reuters article, "Fair Use? Experts Comment on Universities' Digital Books Project Ruling
," was published November 2. "Was the decision expected? I don’t believe that anyone can predict fair use cases with any certainty since they are decided on the application of a four-factor balancing test," Pudelka remarked. "The fact, however, that the d efendants focused on uses that many see as beneficial and necessary certainly helped the court find that their use was transformative. Often when the use is found to be transformative, courts find in favor of fair use."