Open Data

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

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 lending digital copies of books protected by publishers’ rights. The judge determined that this "controlled digital lending" did not qualify for fair use because the e-books effectively replaced the need for traditional library licenses, thereby undermining the authors’ and publishers’ exclusive rights to distribute their work. This decision highlights the tension between expanding digital access to information and respecting established intellectual property protections. The ruling clarifies that while owning a physical book allows for lending, it does not grant the right to create and distribute unauthorized digital replicas in bulk. Consequently, the nonprofit’s model of providing mass digital loans is now considered unlawful when it bypasses authorized licensing channels. This case is critical for open data and digital preservation communities as it sets a precedent for how cultural heritage institutions can operate in the digital age. It suggests that free digital access strategies must align with copyright laws, potentially limiting the ability of non-profits to preserve and share knowledge without permission. The outcome encourages a reevaluation of digital lending practices to ensure they do not harm the creative ecosystem while still seeking equitable access.

Source: digbycourier.ca
Published on 2026-10-08

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