Appeals Court Upholds Decision Against Internet Archive’s Book Scanning Program
The Second Circuit Court of Appeals has decisively ruled that the Internet Archive’s practice of scanning and lending copyrighted books constitutes infringement, rejecting its defense of "controlled digital lending." By affirming that creating digital copies for public access does not qualify as fair use, the court established that such actions are not transformative and directly substitute for original works, thereby undermining the exclusive rights of authors and publishers. This ruling fundamentally limits the ability of digital archives to replicate physical library lending models in the online space without explicit authorization. This decision is critical to the open data and digital preservation community because it challenges the assumption that digitizing physical collections for wider access is inherently lawful under fair use principles. It signals that non-commercial, nonprofit entities cannot rely on their public interest mission to bypass copyright protections when distributing full-text digital derivatives. Consequently, organizations aiming to build open access repositories must navigate stricter legal boundaries, potentially increasing costs and reducing the scale of freely available digital cultural heritage. The case underscores a growing tension between the open sharing of knowledge and intellectual property rights, urging stakeholders to reconsider how digital preservation initiatives are structured. With the Internet Archive likely facing final resolution at the Supreme Court, this ruling serves as a warning that unauthorized digitization carries significant legal and financial risks. For the broader open data ecosystem, it highlights the necessity of securing proper licenses or adhering to strict compliance frameworks to ensure the long-term sustainability of open access projects.
Source: publishersweekly.comPublished on 2024-09-05