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

A US judge ruled that the Internet Archive infringed copyright by digitally scanning and lending books from major publishers, rejecting its fair use defense. The court determined that creating digital copies for bulk lending lacked the necessary "transformation" and effectively replaced authorized commercial licenses, establishing that physical ownership does not grant the right to scan and distribute digital versions broadly. This decision highlights the legal tensions surrounding the Internet Archive’s "controlled digital lending" model, which aims to balance library access with copyright protection. By finding the practice unlawful, the ruling challenges nonprofit efforts to expand digital book availability beyond traditional library constraints, emphasizing that copyrighted works require specific licensing for digital distribution rather than relying on fair use doctrines. This case is highly relevant to open data and open access movements because it defines the legal boundaries of digital preservation and public access. It demonstrates how copyright law can restrict the scaling of open infrastructure, impacting initiatives that rely on digitizing and freely sharing knowledge. The outcome serves as a cautionary example for open data advocates regarding the challenges of maintaining unrestricted access to digital cultural heritage in the face of strict commercial copyright enforcement.

Source: digbycourier.ca
Published on 2025-08-17

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

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