Internet Archive's digital book lending violates copyright, US judge rules
A federal judge ruled that the Internet Archive infringed copyright by scanning and lending digital copies of protected books without permission, rejecting its claim that such "controlled digital lending" constitutes fair use. The decision clarifies that while physical libraries can lend owned books, digitizing them in bulk to replace traditional licensing does not qualify for legal exemption, prioritizing publishers' rights over unrestricted digital access. This ruling significantly impacts the operational model of digital preservation institutions and online libraries, establishing that converting physical works into digital formats for widespread lending requires authorization from rights holders. It creates a legal precedent that limits the ability of nonprofits to expand access to copyrighted materials through scanning, forcing these organizations to seek licenses or restrict their digital collections to the public domain. The case is highly relevant to open data and open access advocates because it highlights the tension between digital information freedom and copyright enforcement. It demonstrates how legal barriers can restrict the digitization and sharing of knowledge, potentially hindering the growth of open educational resources and limiting equitable access to information for researchers and the public in the digital age.
Source: digbycourier.caPublished on 2025-02-09
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