Internet Archive Loses Landmark E-Book Lending Copyright Appeal Against Publishers
The Second Circuit Court of Appeals has dealt a blow to the Internet Archive's digital book lending program. The court upheld a lower court's decision, stating that IA's practice of scanning and lending copyrighted books without permission is not fair use. IA's lending program directly threatens the revenues of publishers and violates copyright law, the judges ruled.
In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site.
IA’s library is a non-profit organization that, among other things, scans physical books in-house so these can be lent out to patrons as e-books.
This “Controlled Digital Lending” (CDL) practice allows for only one copy of a book to be lent at a time, mirroring the traditional library lending model. At the same time, however, CDL bypasses the publishers’ e-book licensing model.
The in-house scanning service at the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. These agreements see libraries license ‘official’ e-book versions from publishers, who charge for every book that’s lent out to patrons.
