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

The core conclusion of this article is that a federal court ruled the Internet Archive liable for copyright infringement, banning its practice of digitizing and lending physical books. However, the Archive has appealed, arguing that its "controlled digital lending" model constitutes fair use. The appeal centers on the claim that this service promotes public access to knowledge without harming publishers, as it mimics traditional library lending by ensuring patrons borrow only one copy at a time and do not retain permanent digital ownership. This dispute is highly relevant to open data because it challenges the fundamental right of institutions to preserve and provide access to cultural heritage in digital formats. If the lower court’s decision stands, libraries and archives may be legally restricted from creating permanent digital records of their collections. This threatens the ability to maintain accurate historical archives and ensures that future generations cannot access older editions or works that might otherwise disappear from commercial availability. The case also highlights the tension between rigid commercial licensing models and the public good mission of libraries. The Internet Archive argues that its model allows for the preservation of a permanent, historically accurate collection independent of commercial publishers' choices. Consequently, the ruling has far-reaching implications for how digital information is preserved and shared globally, potentially limiting the open availability of literature and restricting the operational freedom of non-profit archival institutions.

Source: torrentfreak.com
Published on 2025-07-19

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

Related news