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

A U.S. court ruled that the Internet Archive infringed copyright by scanning and digitally lending protected books, rejecting its "fair use" defense. The judge determined that creating digital copies replaces authorized publisher licenses rather than transforming the work, thereby undermining the economic rights of authors and publishers. This decision highlights the legal tension between open access initiatives and traditional copyright enforcement in the digital age. By denying the legitimacy of "controlled digital lending" for copyrighted materials, the ruling establishes a precedent that limits non-profit efforts to expand free information access without explicit permission from rights holders. The case is highly relevant to open data advocates because it illustrates the risks of unlicensed digital distribution models. It underscores the necessity of respecting intellectual property laws while pursuing open access, suggesting that sustainable open initiatives must navigate strict legal boundaries to avoid stifling innovation or triggering widespread litigation against cultural heritage institutions.

Source: digbycourier.ca
Published on 2026-09-25

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