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

A U.S. court ruled that the Internet Archive infringed copyright by digitally scanning and lending books from major publishers, rejecting its claim of fair use. The judge determined that creating digital copies for widespread lending transformed the nature of the service, effectively replacing authorized library licenses rather than serving as a transformative use. This decision reaffirms that purchasing physical books does not grant the right to scan and distribute digital versions broadly. This ruling has significant implications for open data and digital preservation efforts, as it challenges the model of "controlled digital lending." Nonprofits and digital libraries rely on flexible interpretations of copyright to ensure broad public access to cultural heritage. By limiting bulk digitization, the precedent may restrict how organizations preserve and share information, potentially hindering the open availability of scholarly and literary works in the digital age. The Internet Archive plans to appeal, arguing the decision harms reader access to information globally. This case highlights the ongoing tension between copyright enforcement and the open sharing of knowledge. For the open data community, it underscores the legal risks associated with digitizing and distributing copyrighted materials without explicit permission, emphasizing the need for clear legal frameworks that support both creator rights and public access.

Source: digbycourier.ca
Published on 2026-09-28

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