A U.S. Court of Appeals has upheld a previous ruling that the Internet Archive violated copyright laws by scanning and distributing digital books without the permission of publishers. The case, brought by major publishers Hachette, HarperCollins, Penguin Random House, and John Wiley & Sons in 2020, involved over 100 books, including works by authors like Toni Morrison and J.D. Salinger.
The Archive’s “National Emergency Library,” launched during the pandemic to provide free access to books, was a focal point of the lawsuit. The Archive argued that its actions fell under fair use, but both the district and appellate courts disagreed, concluding that the Archive’s digital lending program infringed upon the publishers’ copyrights. The appeals court stated that the lending program did not meet the criteria for fair use under the Copyright Act, supported by Supreme Court and Second Circuit precedents.
In March 2023, the U.S. District Court for the Southern District of New York had issued a permanent injunction against the Archive, siding with the publishers. The publishers contended that the Archive’s actions not only violated copyright laws but also deprived authors and publishers of potential revenue. The court mandated that the Archive remove more than 500,000 digital titles from its online library.
The president and CEO of the Association of American Publishers, Maria Pallante, hailed the appeals court decision as a significant win for the publishing industry, reinforcing the principle that authors and publishers must be compensated for their creative works. Pallante emphasized that the ruling serves as a reminder of the costly consequences of copyright infringement.
The Internet Archive expressed disappointment in the ruling, with its director of library services, Chris Freeland, stating that they are reviewing the court’s opinion and remain committed to defending the rights of libraries to own, lend, and preserve books.
The case underscores the ongoing tension between digital access to information and the protection of intellectual property in the publishing industry.
