Judge finds for publishers in Internet Archive copyright case
In the US, a federal judge has found the Internet Archive infringed the copyright of publishers by scanning and lending their books, reports Publishers Weekly.
In an opinion granting the publisher plaintiff’s motion for summary judgement, Judge G Koetl wrote ‘no case or legal principle’ supported the Internet Archive’s defence that ‘lawfully acquiring a copyrighted print book entitles the recipient to make an unauthorised copy and distribute it in place of the print book, so long as it does not simultaneously lend the print book’.
As previously reported by Books+Publishing, the suit was filed by the Association of American Publishers (AAP) and major publishers Hachette, HarperCollins, John Wiley & Sons, and Penguin Random House in June 2020, alleging the Internet Archive’s scanning and lending of library books is piracy on an industrial scale. The Internet Archive argues that its activities are protected by fair use, and that the suit fundamentally threatens the core mission of libraries to own and lend collections in the digital age.
Internet Archive founder Brewster Kahle said Internet Archive plans to appeal the ruling, calling it ‘a blow for libraries, readers and authors’. ‘Libraries are more than the customer service departments for corporate database products,’ said Kahle. ‘For democracy to thrive at global scale, libraries must be able to sustain their historic role in society—owning, preserving, and lending books.’
Maria A Pallante, president and CEO of the AAP, said: ‘The publishing community is grateful to the court for its unequivocal affirmation of the Copyright Act and respect for established precedent’.
‘In rejecting arguments that would have pushed fair use to illogical markers, the court has underscored the importance of authors, publishers, and creative markets in a global society,’ said Pallante. ‘In celebrating the opinion, we also thank the thousands of public libraries across the country that serve their communities every day through lawful ebook licenses.’
Category: International news
