Internet Archive's digital book lending violates copyright, US judge rules
A US court ruled that the Internet Archive infringed copyright by digitally scanning and lending books owned by major publishers, rejecting its claim of fair use. The judge determined that creating bulk digital copies lacked the necessary transformation to qualify as fair use, effectively replacing licensed editions. This decision establishes that while physical books can be lent, unauthorized digital replication of copyrighted works is prohibited, even for nonprofit cultural institutions. The ruling highlights the tension between traditional copyright enforcement and the expansion of digital access during crises. By limiting the Internet Archive’s "controlled digital lending" model, the court prioritized the commercial rights of authors and publishers over unrestricted public access. This precedent threatens the nonprofit’s ability to serve as a universal digital library, signaling that copyright protections extend strongly into the digital realm and cannot be bypassed under broad interpretations of fair use. This case is crucial for open data advocates because it defines the legal boundaries of digital preservation and dissemination. It warns that open initiatives relying on scanning and distributing copyrighted materials face significant legal risks without explicit licensing. For open data and digital archives, the verdict underscores the necessity of navigating intellectual property laws carefully to ensure sustainable access, demonstrating that technical capability does not guarantee legal permission to distribute protected content.
Source: ganderbeacon.caPublished on 2023-03-26