A Contentious Legal Battle Erupts Between Major Publishers and the Internet Archive: The Future of the Internet Archive’s Scan-and-Lend Library Hangs in the Balance
Background: Publishers Sue Internet Archive Over Controversial ‘Open Library’
In 2020, a significant legal confrontation unfurled as major publishers, including Hachette, HarperCollins, John Wiley, and Penguin Random House, filed a copyright lawsuit against the Internet Archive (IA). The publishers accused IA’s ‘Open Library’ of copyright infringement, likening its ‘controlled digital lending’ (CDL) program to a pirate site.
Internet Archive’s Defense: Fair Use and Digital Preservation
The non-profit Internet Archive contests the allegations, asserting that its scanning-and-lending activities fall under fair use and are vital for preserving digital books. The organization asserts that its service is distinct from traditional ebook licensing agreements and insists the New York Federal court ruling against it for copyright infringement was incorrect. IA has appealed this judgment, determined to overturn the decision.
Publishers’ Response: Mass-Scale Infringement and Threat to Rights and Business
In response to the appeal, the publishers submitted a redacted copy of their reply brief to the Second Circuit Court of Appeals. They argued that IA’s actions constitute ‘mass-scale infringement,’ as it scans physical books without permission and lends out digital copies. Publishers view this unauthorized lending operation as a direct threat to their rights and business, contending that it undermines the principle of rightsholders exclusively controlling the terms of sale for different formats of their works.
Concerns and Implications: Potential ‘Napster Moment’ for Books
The publishers express concerns about potential disruptions to the book publishing industry, drawing parallels to the music industry’s upheaval caused by file-sharing platforms like Napster. They fear that allowing outsiders to run their own digitization programs and distribution platforms without rightsholders’ involvement could result in significant disruptions. Moreover, they emphasize the relevance of recent legal discussions surrounding copyrighted works and ai training, underscoring the importance of maintaining legal protection for derivative uses.
Implications and Call to Action: Balancing Copyright Protection and Cultural Heritage
The publishers implore the court to uphold the lower court’s decision, which prohibits IA from lending out digitized copies of books without proper authorization. They argue that IA’s practices are radical and unlawful, posing a serious threat to book publishing and creative industries at large. Publishers contend that these activities could destabilize book markets and interfere with their digital strategies, ultimately jeopardizing the entire publishing industry’s future.
As the legal performance between publishers and the Internet Archive progresses, the outcome remains uncertain. While IA maintains that its scanning-and-lending activities are protected by fair use and essential for preserving digital books, publishers view them as infringing on their exclusive rights and posing a significant threat to their business. The case raises broader questions about the balance between copyright protection and the preservation of cultural heritage in the digital age. As both sides present their arguments before the court, the decision could have far-reaching implications for the future of digital libraries and the publishing industry as a whole.
