Get 40% Off
👀 👁 🧿 All eyes on Biogen, up +4,56% after posting earnings. Our AI picked it in March 2024.
Which stocks will surge next?
Unlock AI-picked Stocks

Internet Archive's digital book lending violates copyrights, US judge rules

Published 03/24/2023, 11:08 PM
Updated 03/25/2023, 07:10 AM
© Reuters. FILE PHOTO: A gavel and a block is pictured on the judge's bench in this illustration picture taken in the Sussex County Court of Chancery in Georgetown, Delaware, U.S., June 9, 2021. REUTERS/Andrew Kelly/

By Nate Raymond and Blake Brittain

(Reuters) -A U.S. judge has ruled that an online library operated by the nonprofit organization Internet Archive infringed the copyrights of four major U.S. publishers by lending out digitally scanned copies of their books.

The ruling by U.S. District Judge John Koeltl in Manhattan on Friday came in a closely watched lawsuit that tested the ability of Internet Archive to lend out the works of writers and publishers protected by U.S. copyright laws.

The San Francisco-based non-profit over the past decade has scanned millions of print books and lent out the digital copies for free. While many are in the public domain, 3.6 million are protected by valid copyrights.

That includes 33,000 titles belonging to the four publishers, Lagardere SCA's Hachette Book Group, News Corp (NASDAQ:NWSA)'s HarperCollins Publishers, John Wiley & Sons Inc and Bertelsmann SE & Co's Penguin Random House.

They sued in 2020 over 127 books, after Internet Archive expanded lending with the COVID-19 pandemic's onset, when brick-and-mortar libraries were forced to close, by lifting limits on how many people could borrow a book at a time.

The nonprofit, which partners with traditional libraries, has since returned to what it calls "controlled digital lending".

It currently hosts about 70,000 daily e-books "borrows".

It argued its practices were protected by the doctrine of "fair use" which allows for the unlicensed use of others' copyrighted works in some circumstances.

But Koeltl said there was nothing "transformative" about Internet Archive's digital book copies that would warrant "fair use" protection, as its e-books merely replaced the authorized copies publishers themselves license to traditional libraries.

3rd party Ad. Not an offer or recommendation by Investing.com. See disclosure here or remove ads .

"Although IA has the right to lend print books it lawfully acquired, it does not have the right to scan those books and lend the digital copies en masse," he wrote.

Internet Archive promised an appeal, saying the ruling "holds back access to information in the digital age, harming all readers, everywhere."

Maria Pallante, the head of Association of American Publishers, in a statement said the ruling "underscored the importance of authors, publishers, and creative markets in a global society."

Latest comments

finally a proper ruling on copyright.  there is no difference in scanning books and giving away printed copies or digital copies.  its far from fair use.  fair use, allows you to take an excerpt for the purpose of discussion etc where the work does not lose its value.  i.e. short blurb from a book doesnt hurt and actually may help the sales of an author's book.  copying and distributing electronically does not meet that test as no one needs to buy the author's book if another entity is giving away the digital version for free.  typical of SFO area where they want to socialize everything while devising schemes to privately profit.  (bailing out SIVB is a good example) many SV businesses are built on models which 40 years ago people would have laughed at.  "you're going to run an unlicensed taxi cab service and then not pay SS taxes on the drivers and call them "independent contractors?" no thanks.   youtube, airbnb, lyft, etc would have been dead on arrival.
Greedy publishers
Typical communist.
Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.