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

A federal 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 to replace authorized library licenses lacked the necessary transformation, establishing that while physical lending of legally purchased books remains permissible, bulk digitization does not. This decision protects authors' and publishers' rights by preventing unauthorized digital dissemination of their protected works. The ruling has significant implications for open data and digital access to knowledge. It challenges the legitimacy of large-scale, non-commercial digitization projects that operate outside traditional licensing frameworks. By limiting the Internet Archive’s "controlled digital lending," the precedent suggests that open access initiatives must strictly adhere to existing copyright laws, potentially restricting the ability of nonprofits to provide free, widespread digital resources. This case is crucial for the open_data community as it defines the legal boundaries of digitization in the public interest. It highlights the tension between expansive access to information and intellectual property protections. Organizations relying on open access models must now navigate tighter legal constraints, ensuring that their efforts to preserve and share cultural heritage do not inadvertently infringe on copyrighted materials, thereby influencing how future digital libraries and open repositories are structured.

Source: digbycourier.ca
Published on 2025-09-28

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

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