The Internet Archive's digital lending program has suffered a major setback as a U.S. appeals court ruled against the nonprofit organization in a closely watched copyright case.
On Wednesday, the Second Circuit Court of Appeals upheld a lower court's decision that the Internet Archive's practice of scanning physical books and lending out digital copies without publisher permission does not qualify as fair use under copyright law.
The ruling deals a significant blow to the Internet Archive's Open Library project, which has allowed users to check out scanned copies of books based on a controversial principle called controlled digital lending. Under this system, each digital loan was meant to correspond to a physical book owned by the Archive.
Key points from the court's decision:
- The judges found that the Internet Archive's digital lending was not transformative and simply substituted for the original works
- They acknowledged the burden of ebook licensing fees on libraries, but said authors have a right to compensation for their creations
- The court noted the thriving market for ebook lending through authorized platforms like OverDrive
The case stemmed from a 2020 lawsuit filed by major publishers Hachette, Penguin Random House, Wiley, and HarperCollins. The publishers took particular issue with the Internet Archive's National Emergency Library program launched during the early pandemic lockdowns, which temporarily removed loan limits.
Chris Freeland, director of library services at the Internet Archive, expressed disappointment with the ruling but vowed to continue defending libraries' rights to own, lend, and preserve books.
The decision highlights ongoing tensions between publishers, libraries, and digital lending platforms as the book industry continues to evolve in the digital age. While the court sided with publishers' copyright claims in this case, it also acknowledged the challenges libraries face with rising ebook costs and licensing restrictions.
For now, the ruling appears to solidify publishers' control over digital lending terms, potentially limiting more open models like the Internet Archive's approach. However, debates around fair use, library rights, and equitable access to information in the digital realm are likely to continue.
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| An e-reader showcasing a digital text, representing the modern challenges and trends in digital book lending amid copyright debates |