Title: Internet Archive Faces Permanent Ban on Distributing Copyrighted Books
A federal judge has issued a permanent injunction against the Internet Archive, preventing the organization from scanning and distributing copyrighted books. This latest development comes after a legal dispute that started in 2020, involving major publishers such as Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House, who filed a lawsuit against the Internet Archive.
The lawsuit was prompted by the Internet Archive’s creation of a National Emergency Library during the early stages of the pandemic. With many libraries and bookstores temporarily closed due to lockdowns, the Internet Archive aimed to provide access to digital copies of books. The organization argued that this fell within the fair use doctrine and aligned with its mission of facilitating widespread access to information.
In March, Judge John Koeltl ruled that the Internet Archive had unlawfully offered free electronic versions of 127 copyrighted books, including works by renowned authors like J.D. Salinger and Toni Morrison. Notably, all the books mentioned in the lawsuit were available in digital formats.
The permanent injunction stems from an agreement reached between the involved parties, which was presented to the court last week. While Judge Koeltl approved the injunction, he sided with the Internet Archive on a key point: whether the injunction should cover e-books that were not officially released by publishers. The publishers sought a broader injunction, while the Internet Archive argued that the restriction should only apply when a legitimate e-book version existed.
Maria Pallante, President and CEO of the Association of American Publishers, expressed her satisfaction with the court’s decision and the approved consent judgment. She believes that the scope of the injunction will have minimal impact.
The Internet Archive plans to challenge the March ruling through an appeal. In a recent blog post by founder Brewster Kahle, he emphasized the crucial role of libraries in today’s world and stressed the importance of maintaining public access to information.
Aside from the legal battle with publishers, the Internet Archive is also facing a lawsuit from the music industry. Sony Music Entertainment and other entities have initiated legal action against the Archive for digitizing copyrighted 78 rpm records as part of their Great 78 project. These records include works by legendary artists like Frank Sinatra and Billie Holiday.
Although the Internet Archive awaits the outcome of their appeal, the permanent ban on distributing copyrighted books poses a significant challenge. It remains to be seen how the organization will navigate this legal landscape while striving to fulfill its mission of providing open access to information.
