Copyright: US Court Rules Against Internet Archive -

The court ruled decisively that the Internet Archive’s practice of digitizing copyrighted books and lending them through its Open Library program constitutes copyright infringement. Judge Koeltl rejected the defense of "controlled digital lending," determining that scanning and distributing digital copies without permission does not qualify as fair use because it lacks transformative value and harms the publishers' revenue streams. This ruling establishes that owning a physical copy does not grant the right to create unauthorized digital replicas for distribution, reinforcing the supremacy of the Copyright Act over unlicensed digital access models. For the open data and digital preservation communities, this case highlights a critical tension between unrestricted informational access and strict intellectual property enforcement. The decision underscores that digital lending is not a neutral public service but a commercial activity subject to licensing agreements. It signals to archives and repositories that digitizing protected works for broad public access without explicit authorization or compensation poses significant legal risks, potentially discouraging similar initiatives unless they operate strictly within licensed frameworks or public domain boundaries. This verdict carries substantial implications for global copyright norms, as digital platforms operate across borders. The international publishing industry views this as a validation of treaty obligations and a necessary check on unregulated digital distribution. It serves as a warning that the expansion of open access initiatives must respect existing legal structures, ensuring that authors and publishers retain control and economic rights over their digital outputs. Consequently, future efforts to democratize information will likely require more rigorous adherence to licensing and copyright compliance rather than relying on expansive interpretations of fair use.

Source: publishingperspectives.com
Published on 2023-03-27

Related news

« El Rayo, el tercero que más crece

Articles with Tag 'FOIA' »