Sony Music and several other major record labels have filed a lawsuit against the Internet Archive, accusing the non-profit organization of widespread copyright infringement. The lawsuit claims that the Internet Archive’s online posting of thousands of old songs and recordings constitutes wholesale theft of copyrighted music.
Lawyers representing the record companies argue that the Internet Archive’s actions involve blatant infringement and include hundreds of thousands of works by renowned artists from the twentieth century, such as Frank Sinatra, Billie Holiday, Louis Armstrong, and Thelonious Monk. The lawsuit lists 2,749 recordings, including Bing Crosby’s rendition of White Christmas, as just a small sample of the copyrighted material posted by the archive without permission. The record companies are seeking a court order to remove all copyrighted content and demand damages of up to $150,000 per infringed work, which could potentially amount to $372 million for the listed recordings.
The Internet Archive is known for maintaining an extensive digital collection of text, video, and music online. Its Great 78 Project website specifically focuses on digitizing and sharing records in the outdated 78 LP format, which it acquires from users.
However, the record companies argue that the Internet Archive’s claims of preservation, research, and discovery are merely a smokescreen to conceal its theft. According to the lawsuit, authorized streaming and downloading options for these recordings already exist, rendering the archive’s actions unnecessary.
Notably, in 2018, the Music Modernization Act extended the copyright for music recorded before 1972 until 2067, providing stronger protection for pre-1972 music.
Sony Music is joined in the lawsuit by UMG Recordings Inc., Capitol Records LLC, Concord Bicycle Assets LLC, CMGI Recorded Music Assets LLC, and Arista Music. The Internet Archive has not responded to requests for comment regarding the lawsuit.
The case, UMG Recordings Inc. v. Internet Archive, has been filed in the U.S. District Court for the Southern District of New York (Manhattan).
In light of these developments, it remains to be seen how the legal proceedings will unfold and what the implications will be for the Internet Archive and the accessibility of digitized copyrighted music. As discussions continue, the case highlights the ongoing challenges surrounding copyright protection in the digital age and the importance of balancing preservation and accessibility with respecting intellectual property rights.
