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

A U.S. court ruled that the Internet Archive’s “controlled digital lending” program infringed copyrights by scanning and lending protected books without authorization. The judge determined that creating digital copies for bulk loaning lacks the necessary transformation for fair use, effectively replacing authorized licenses sold to traditional libraries. This decision clarifies that while owning physical books allows for lending, it does not grant the right to digitize and distribute them widely online. The ruling highlights the legal tension between preserving digital access to information and protecting creators’ intellectual property rights in the modern era. By prioritizing publisher rights, the court signaled that unrestricted digital reproduction cannot be justified under fair use doctrines, even when intended to support public access during emergencies or through nonprofit partnerships. This case is crucial for open data because it sets a precedent for how digital assets can be shared. It warns organizations that digitizing and distributing content without explicit permission risks severe legal consequences, emphasizing that open access initiatives must balance ethical sharing with strict compliance to existing copyright laws to ensure long-term sustainability.

Source: digbycourier.ca
Published on 2025-03-24

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

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