Internet Archive loses again in lawsuit arguing that lending e-books is fair use
In a lawsuit over whether the Internet Archive's e-book lending service constitutes copyright infringement, the Second Circuit Court of Appeals ruled in favor of the plaintiff publishers, finding that e-book lending is not fair use.
Appeals Court Affirms Decision Against Internet Archive for Copyright Infringement - AAP
Internet Archive Responds to Appellate Opinion in Hachette v. Internet Archive | Internet Archive Blogs
Major book publishers defeat Internet Archive appeal over digital scanning | Reuters
https://www.reuters.com/legal/major-book-publishers-defeat-internet-archive-appeal-over-digital-scanning-2024-09-04/
The Internet Archive loses its appeal of ebook copyright case ruling
Internet Archive Takes Another Blow in Court on Copyright
https://publishingperspectives.com/2024/09/internet-archive-takes-another-blow-in-court-on-copyright/
The lawsuit was brought against the Internet Archive by four companies: Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House.
Since the 2010s, the Internet Archive has been running the 'Open Library' service, which lends out e-books created by scanning books. The Open Library operates in a similar way to real libraries, where users can borrow only one book at a time and return it within a certain period of time.
However, in 2020, the COVID-19 pandemic led to people spending more time at home, but at the same time led to large-scale library closures. The National Emergency Library, which allowed people to borrow up to 10 books without waiting, included many books that were still under copyright, and was sued for copyright infringement.
The Internet Archive argued that 'the National Emergency Library is simply lending out books like any other library' and that 'the digital lending program falls within the scope of fair use under copyright law.'
An example of an online e-book service is Google Books, which makes the contents of books available for searchable databases and is considered 'transformative' rather than merely publishing scanned data.
In August 2023, a federal district court in New York dismissed the Internet Archive's claims and ruled that 'the Internet Archive's lending of e-books does not comply with fair use standards, not just to the National Emergency Library.'
Internet Archive loses first instance lawsuit against major publisher over e-book copyright - GIGAZINE
The Internet Archive appealed, but the Second Circuit Court of Appeals upheld the district court's ruling, finding that the use was not fair.
Judge Beth Robinson of the U.S. Court of Appeals for the Second Circuit said that lending e-books 'undoubtedly harms the public by removing incentives for consumers and libraries to pay for them and for authors to create new works,' and quoted a line from the best-selling book '
'The key part of the decision is that the Court rejected Defendants' self-serving theory of 'managed digital lending,' and demonstrated that the ecosystem that makes books possible is based on enforceable copyright law, whether the actors are commercial or non-commercial,' said Maria A. Pallante, president and CEO of the Association of American Publishers (AAP).
The news site Engadget noted that 'the only good thing about the Internet Archive's appeal is that it has been recognized as a non-profit organization,' and pointed out that the company also has a lawsuit against the music industry coming up.
Sony and Universal Music sue the Internet Archive for digitizing and publishing old records and including works that infringe copyrights - GIGAZINE
The Internet Archive stated that it was 'disappointed by the ruling.'
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