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The Second Circuit Court of Appeals ruled that the Internet Archive’s digitization and lending of copyrighted books constitutes copyright infringement, rejecting its defense of fair use. The court determined that the archive’s actions were not transformative, as the digital copies served the same purpose as the originals, effectively substituting for them rather than adding new expression or utility. This decision establishes that nonprofit status and a desire to promote access do not automatically justify reproducing protected works without permission. The ruling significantly impacts the concept of Controlled Digital Lending, a practice libraries use to manage physical and digital collections. By affirming that the archive’s model harms the potential market for publishers’ works, the court prioritized authors' right to compensation over the archive’s mission of universal access. This legal outcome suggests that traditional library lending principles cannot be easily applied to digital environments where perfect copies are made and distributed without restrictive controls, thereby challenging the scalability of open access models for copyrighted literature. This case is critical to the open data and open knowledge communities because it sets a precedent for how digital archives can handle copyrighted materials. It highlights the tension between the ideal of unrestricted information availability and the legal frameworks protecting intellectual property. For institutions advocating for open access, this ruling serves as a warning that simply providing free access to full texts, even with good intentions, may not withstand legal scrutiny if it undermines the commercial viability of creators and publishers.

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Published on 2024-09-05

Open Data

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