The Internet Archive has suffered a significant legal setback after the US Court of Appeals for the Second Circuit ruled against the organization’s book digitization project, upholding an earlier ruling that found the project violated copyright law.
The case centers around the National Emergency Library (NEL), launched by the Internet Archive in March 2020 to provide digital access to books during the pandemic. The NEL allowed large numbers of people to borrow scanned copies of library books at once, rather than the usual one-person-at-a-time ratio. This move drew backlash from authors and publishers, who claimed it was tantamount to piracy.
Despite reinstating lending caps two months later, major publishing houses filed a lawsuit against the Internet Archive in June 2020. The district court ruled in favor of the publishers in March 2023, finding that the Internet Archive’s copying and lending activities created “derivative works” without permission.
The appeals court rejected the Internet Archive’s argument that its lending practices were shielded by the fair use doctrine, calling it “unpersuasive.” While the ruling does not view the Internet Archive as a commercial entity, emphasizing its nonprofit nature, the decision upholds the rights of authors and publishers to license and be compensated for their works.
The loss is significant for the Internet Archive, which has been a vital tool for digital preservation. The organization’s Wayback Machine, which catalogs copies of websites, has become a crucial resource for journalists, researchers, and anyone interested in internet history. The Internet Archive will continue to defend its rights and those of libraries to own, lend, and preserve books.
The ruling also has implications for the broader debate around copyright law and fair use. As courts increasingly interpret fair use claims more narrowly, the decision could have a significant impact on future cases involving AI-generated content and other forms of digital creativity.
Source: https://www.wired.com/story/internet-archive-loses-hachette-books-case-appeal/