Internet Archive's digital book lending violates copyright, US judge rules

A U.S. court ruled that the Internet Archive infringed copyright by digitally lending scanned copies of protected books, rejecting its claim of "fair use." The judge determined that scanning and bulk digital distribution did not constitute a transformative use, as these digital copies effectively replaced the licensed markets of traditional libraries and publishers. This decision highlights the legal tension between digital accessibility and copyright enforcement, establishing that while physical lending of owned books is permitted, digitizing them for broad online access is not. The ruling prioritizes the economic interests of authors and publishers, signaling that expanded digital lending models must operate within strict existing copyright frameworks rather than relying on fair use defenses. This case is highly relevant to open data discussions as it defines the boundaries of digital sharing and intellectual property rights. It illustrates how legal interpretations of ownership and access directly impact the sustainability of open-access initiatives. The outcome serves as a critical precedent for organizations aiming to provide free, large-scale digital access to creative works, emphasizing the need for careful legal navigation in the open knowledge ecosystem.

Source: digbycourier.ca
Published on 2025-02-17

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