Internet Archive fights to preserve digital libraries in Second Circuit hearing

The Internet Archive is appealing a lower court ruling that deemed its "controlled digital lending" program a copyright infringement, arguing that the service is functionally equivalent to traditional physical libraries. The core legal question hinges on whether digitizing owned books for single-user lending constitutes fair use, maintaining the historic library principle that ownership grants the right to lend without paying publishers again. Publishers contend that this model destabilizes the digital economy by bypassing the separate market for ebooks, fearing that widespread free access will erode revenue streams and disincentivize creators. They argue that allowing exact digital copies to circulate freely violates the fundamental purpose of copyright law, which is to protect the economic interests of authors and publishers in the digital age. This case is critical to open data and knowledge preservation because it defines the legal boundaries for digital archives. A ruling against the Internet Archive could severely restrict nonprofit institutions' ability to provide universal access to cultural heritage, potentially forcing a retreat from digital preservation efforts that support equitable information access for researchers and the public.

Source: courthousenews.com
Published on 2024-06-29

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