Page:Hachette Book Group v. Internet Archive (2023).pdf/19

 *2–4 (D. Ariz. May 11, 2015) (service that made complete copies of copyrighted print works and published them online was not transformative because republication did “not imbue the Works with new expression or meaning”).

The Court of Appeals for the Second Circuit previewed as much in and, cases that “test[ed] the boundaries of fair use.” , 804 F.3d at 206. The defendant in scanned whole copies of millions of books, including those protected by valid copyrights, to create a database on which the general public could search for particular terms across the scanned works. 755 F.3d at 91. The creation of this “full-text searchable database [was] a quintessentially transformative use,” the court held, because “the result of a word search is different in purpose, character, expression, meaning, and message from the page (and the book) from which it