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The Internet Archive has opted not to appeal a September judgment against its “Open Library” project to the Supreme Court, concluding a major copyright case brought by several major publishers. This case, which began during the pandemic, revolved around the Internet Archive’s practice of scanning print books and lending their digital copies without proper authorization or compensation to authors and publishers.
The Internet Archive argued its “controlled digital lending” model—lending one digital copy for each physical book owned—was lawful. However, the Court ruled this theory lacked legal basis, violated the Copyright Act, and undermined the markets for ebooks and public library licensing agreements. The Court emphasized that digitizing books without authorization is not transformative under copyright law, as it does not change the work’s expression or purpose.
The decision affirms that authors and publishers have exclusive rights over how their works are distributed in all formats. Allowing unauthorized digital lending, the Court warned, could discourage creativity by depriving creators of revenue. As part of the resolution, the Internet Archive must adhere to a permanent injunction and pay an undisclosed amount to the Association of American Publishers.
This outcome is seen as a decisive victory for authors and publishers, safeguarding their rights and reinforcing the legal boundaries of digital markets.
Source: The Internet Archive lost its court case against publishers - Good e-Reader
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