In accordance with Local Rule 12.3(b), each attorney acting as substitution or amicus counsel or any attorney other than lead counsel of record wishing to enter the case must file a separate notice of appearance.

Counsel must be admitted to the bar of this Court or be otherwise eligible to argue an appeal.

Admission pro hac vice will be extended as a matter of course to a member of the bar of a district court within the circuit who has represented a criminal defendant at trial and continues representation on an appeal taken pursuant to the Criminal Justice Act.

Counsel, however, are encouraged to apply for general admission to this Court as soon as they meet the qualifications.

G I am admitted to practice in this Court and, if required by Interim Local Rule 46.1(a)(2), have renewed August 24, 2011 my admission on G I applied for admission on Signature of Counsel: Type or Print Name: Jo Anne Simon ) ) )

Short Title of Case: Authors Guild, et al. v. HathiTrust, et al. Docket No.: 12-4547 Name of Party: Authors Guild and all other Plaintiffs-Appellants Status of Party (e.g., appellant, cross-appellee, etc.): Plaintiffs-Appellants Check one of the three options below:

If no party wants oral argument, the case will be decided on the basis of the written briefs.

If you want oral argument, state the name of the person who will argue: Name: Edward H. Rosenthal (An attorney must be admitted to practice before the Court in accordance with Local Rule 46.1.)

If you want oral argument, list any dates (including religious holidays), that fall in the interval from 6 to 20 weeks after the due date of this form, that the person who will argue is not available to appear in Court: August 19-30, September 23-27, October 7-11, November 4, 2013

Filed by: Edward H. Rosenthal Print Name: Signature: c. a (Revised December 2011) Date: 6/12/13

Case 12-4547, Document 193, 06/10/2013, 959887, Page1 of 2 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S.

On 06/04/2013 the NOTICE OF APPEARANCE AS AMICUS COUNSEL, American Association of People with Disabilites was submitted in the above referenced case.

The resubmitted documents, if compliant with FRAP and the Local Rules, will be deemed timely filed.

Failure to cure the defect(s) by the date set forth above will result in the document being stricken.

An appellant's failure to cure a defective filing may result in the dismissal of the appeal.

Case 12-4547, Document 176, 06/07/2013, 958623, Page1 of 2 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S.

The document does not comply with the FRAP or the Court's Local Rules for the following reason(s): ______ Failure to submit acknowledgment and notice of appearance (Local Rule 12.3) ______ Failure to file the Record on Appeal (FRAP 10, FRAP 11) ______ Missing motion information statement (T-1080 - Local Rule 27.1) ______ Missing supporting papers for motion (e.g, affidavit/affirmation/declaration) (FRAP 27) ______ Insufficient number of copies (Local Rules: 21.1, 27.1, 30.1, 31.1) ______ Improper proof of service (FRAP 25) ______ Missing proof of service ______ Served to an incorrect address ______ Incomplete service (Anders v. California 386 U.S. 738 (1967)) ______ Failure to submit document in digital format (Local Rule 25.1) __X___ Not Text-Searchable (Local Rule 25.1, Interim Local Rules 25.2), click here for instructions on how to make PDFs text searchable ______ Failure to file appendix on CD-ROM (Local Rule 25.1, Interim Local Rules 25.2) ______ Failure to file special appendix (Local Rule 32.1) ______ Defective cover (FRAP 32) ______ Incorrect caption (FRAP 32) ______ Wrong color cover (FRAP 32) ______ Docket number font too small (Local Rule 32.1) ______ Incorrect pagination, click here for instructions on how to paginate PDFs (Local Rule 32.1) ______ Incorrect font (FRAP 32) ______ Oversized filing (FRAP 27 (motion), FRAP 32 (brief)) ______ Missing Amicus Curiae filing or motion (Local Rule 29.1) ______ Untimely filing ______ Incorrect Filing Event ______ Other: ___________________________________________________

The resubmitted documents, if compliant with FRAP and the Local Rules, will be deemed timely filed.

Failure to cure the defect(s) by the date set forth above will result in the document being stricken.

An appellant's failure to cure a defective filing may result in the dismissal of the appeal.

Case 12-4547, Document 189, 06/07/2013, 959341, Page2 of 2 The Authors Guild, Inc., et al v. HathiTrust, et al

The Regents of the University of Minnesota, The Board of Regents of the University of Nebraska, Northwestern University, The Pennsylvania State University, The Board of Trustees of Purdue University.

Short Title of Case: Authors Guild, et al. v. HathiTrust, et al. Docket No.: 12-4547 HathiTrust, Mary Sue Coleman, President, University of Michigan, Mark G. Yudof, President, The University of California, Kevin Name of Party: Reilly, President, The University of Wisconsin System, Michael McRobbie, President, Indiana University, and Cornell University Status of Party (e.g., appellant, cross-appellee, etc.): _D_e_fe_n_d_a_n_ts_-_A.;_p.

After the appeal has been scheduled for oral argument, a motion by counsel to forgo oral argument, even on consent, may be denied.

If no party wants oral argument, the case will be decided on the basis of the written briefs.

If you want oral argument, state the name of the person who will argue: Name: Joseph E. Petersen (An attorney must be admitted to practice before the Court in accordance with Local Rule 46.1.)

If you want oral argument, list any dates (including religious holidays), that fall in the interval from 6 to 20 weeks after the due date of this form, that the person who will argue is not available to appear in Court:

Case 12-4547, Document 186, 06/07/2013, 959121, Page1 of 2 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S.

On June 4, 2013 the Notice of Appearance as Amicus Counsel was submitted in the above referenced case.

The resubmitted documents, if compliant with FRAP and the Local Rules, will be deemed timely filed.

Failure to cure the defect(s) by the date set forth above will result in the document being stricken.

An appellant's failure to cure a defective filing may result in the dismissal of the appeal.

Short Title: Authors Guild, Inc. v. Hathitrust Docket No.: 12-4547

Type or Print Name: Bnan Wolfman

Case 12-4547, Document 184, 06/07/2013, 959039, Page2 of 2 List of all amici represented by Brian Wolfman in No. 12-4547 American Association of People with Disabilities American Council of the Blind American Foundation for the Blind Association of Late-Deafened Adults Judge David L. Bazelon Center for Mental Health Law Dr. Peter Blanck Disability Rights Education & Defense Fund (DREDF} Disability Rights Legal Center Gallaudet University Hearing Loss Association of America National Association of the Deaf (NAD} National Disability Rights Network Telecommunications for the Deaf and Hard of Hearing, Inc. (TDI} United Cerebral Palsy Dr. Gregg Vanderheiden

The HIV 1 In compliance with Fed. R. App. P. 29(c)(5), Amicus Emory Vaccine Center, a unit of Emory University hereby states that none of the parties to this case or their counsel authored this brief in whole or part; that no party or ...

______________ ___ __ _____ __ _ --' (name/firm) (party/ designation) Dsubstitute counsel (replacing other eounsel:, ____________________ __ __ __ ---' (name/firm) OAddltional counsel (co-counsel with:, __ _ ___________ __ __ __ __ ____ __ _ -' (name/firm) !ZIAmlcus (In support of :_D_s_f_s_nd_a_n_l_s_-A--'-'pp'-s_'_ls_s_s _____ -:--____________________ , (party/designation) I certify that, 01 am admitted to practice In this Court and, If requjred by Interim Loea' Rule 46,1(a)(2), hnve renewed

my admission on __ ___ ________ ____ __ ____ _ ____ __ ___ ___ OR 01 applied for admission on __ ___ __ __ _ __ __ _ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ _ Type or Print Name: Stephanie P. Skaff --~-----------------------------------------------------------

More generally, by fostering the dissemination of ideas, the HDL spurs the further creation of knowledge and creative works, thus producing a positive feedback loop that advances the aims of copyright law to the benefit of the public.

In fact, giving the terms used in the statute their plain meaning (under the standard principles of statutory construction), the HDL falls squarely within the express language of Section 107 because its primary uses are for teaching, scholarship, and research.

above cases, the United States Patent and Trademark Office (USPTO) has explained why those submissions are protected fair uses: because, inter alia, the copies were made for the distinct purpose of documenting that certain features of an applicant’s claim were in the prior art.

The Court explained that a narrow focus on commerciality would “swallow nearly all of the illustrative uses listed in the preamble paragraph of § 107” (including news reporting, comment, criticism, teaching, scholarship, and research) which “are generally conducted for profit.” Campbell, 510 U.S. at 584 (citation omitted).

Roderick M. Thompson Stephanie P. Skaff Deepak Gupta Rochelle L. Woods Farella Braun + Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Counsel of Record for Amici Curiae the Electronic Frontier Foundation, Public Knowledge, and the Center for Democracy & Technology Case 12-4547, Document 158, 06/04/2013, 955879, Page36 of 37

In the words of Judge Baer, “I cannot imagine a definition of fair use that would not encompass the transformative uses made by Defendants’ MDP [Mass Digitization Project] and would require that I terminate this invaluable contribution to the progress of science and cultivation of the arts that at the same time effectuates the ideals espoused by the ADA.” Op.

Article I, section 8, clause 8 of the Constitution grants Congress the power “[t]o promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Id. (emphasis added).

“The ultimate test of fair use ... is whether the copyright law’s goal of ‘promoting the Progress of Science and useful Arts’ would be better served by allowing the use than by preventing it.” Cariou, 2013 WL 1760521 at *4 (quoting Castle Rock Entm’t , Inc. v. Carol Publ’g Group, 150 F.3d 132, 141 (2d Cir. 1998)); Bill Graham Archives v. Dorling Kindersley Ltd., 448 F.3d 605, 608 (2d Cir. 2006).

This core educational purpose of the HDL and its revolutionary effect on the ability to conduct scholarly research that contributes to the public corpus of knowledge and learning strongly supports a finding that it constitutes fair use.

Similarly, Judge Leval has observed that “[s]econdary users have succeeded in winning the first factor by reason of either (1) transformative (or productive) nonsuperseding use of the original, or (2) noncommercial use, generally for a socially beneficial or widely accepted purpose.” Am. Geophysical Union v. Texaco, Inc., 802 F. Supp.

Case 12-4547, Document 157, 06/04/2013, 955877, Page1 of 1 NOTICE OF APPEARANCE FOR SUBSTlTUTE, ADDlTIONAL, OR AMICUS COUNSEL Short Title: The Aulhors Guild, Inc., et al. v. HathiTrust.

Amici’s intent in writing the brief is not to address the legal issues involved in the case but rather to provide the Court with information about how a large group of people, namely scholars who use libraries to conduct their research, will be profoundly affected by the outcome of this appeal.

By delving deeply into the original sources of the past, including newspapers, government reports, scientific journals and monographs, historians provide a wealth of insights into the political, social, and economic factors that shape both the expression and treatment of illness.

Hence contemporary public health agencies have been interested in learning more about the impact of the 1918-1919 pandemic in the United States as part of strategic planning about how to manage a similar disease event in the early Case 12-4547, Document 163, 06/04/2013, 955897, Page10 of 17 21st century.

Had the fulltext-searchable database of digitized historical documents of the Hathi trust been available to Johns Hopkins University medical researchers in 2001, the flawed study would quite likely never have taken place and Ellen Roche may very well not have died a senseless death.

As the United States struggles to compete in a global knowledge economy, it needs to protect the national treasures that its great research libraries represent so that they will still be available to our children and Case 12-4547, Document 163, 06/04/2013, 955897, Page15 of 17 our grandchildren.

Regulations Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Government Entities and Public Accommodations, 75 Fed. Reg. 43460 (proposed July 26, 2010) ....................................................................................................... 11

And the court’s analysis reflected this approach: first, by reasoning that the needs of people with disabilities bolstered Defendants’ right to fair use, and, second, by holding that the Chafee Amendment, permitting reproduced and distributed copies Case 12-4547, Document 145, 06/04/2013, 955600, Page11 of 24

Outside of the Second Circuit, there are numerous examples of courts attempting to harmonize state statutes and public agencies’ actions with the goals of disability laws through making reasonable modifications or accommodations.

3 See also Morton v. Mancari, 417 U.S. 535, 551 (1974) (“[W]hen two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as effective.”); Kort v. Diversified Collection Services Inc., 270 F. Supp.

For this group, the transformative use applies in another, more profound sense: it permits them to have access to, and make use of, printed material in a manner commensurate with that of sighted Case 12-4547, Document 145, 06/04/2013, 955600, Page19 of 24