Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement * TorrentFreak

The dispute between major publishers and the Internet Archive centers on whether digital lending of copyrighted books constitutes fair use or infringement. The lower court ruled against the Archive, granting publishers summary judgment and barring the reproduction of digital copies without permission. This decision established a restrictive precedent that challenges the traditional library model of lending physical copies, effectively equating the Archive’s non-profit controlled digital lending with commercial piracy and mass copyright infringement. The Internet Archive appeals this ruling by arguing that its practice does not harm the market for licensed ebooks but rather serves a distinct public benefit. They contend that their model allows libraries to preserve permanent, historical records of books, unlike commercial licensing which forces constant turnover. By focusing on books they already own, the Archive asserts that their service promotes knowledge accessibility without replacing the commercial market, thereby aligning with the fundamental purpose of copyright law to encourage the creation and sharing of information. This case is critical to the open data and open access community because it defines the legality of preserving cultural heritage in digital formats. A ruling against the Archive threatens the ability of institutions to maintain unrestricted, long-term access to diverse historical records, potentially forcing digital preservation behind paywalls or restrictive licenses. The outcome will determine whether public libraries can continue to digitize and lend materials freely, impacting global efforts to ensure equitable access to knowledge and digital archives for future generations.

Source: torrentfreak.com
Published on 2025-05-19

Internet Archive: Digital Lending is Fair Use, Not Copyright Infringement * TorrentFreak

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