Internet Archive and Authors' Rights: A Legal Battle Over Fair Use

An Introduction

The Internet Archive, a non-profit organization digitizing and providing access to books, films, and audio recordings, has been embroiled in a legal battle with Hachette Book Group, one of the largest publishers in the world.

The dispute centers around the Internet Archive's practice of "controlled digital lending," which allows users to borrow digital copies of books from its collection for a limited time.

Hachette argues that this practice violates copyright law, as it does not compensate authors for the use of their work.

The Arguments for Fair Use

The Internet Archive contends that its controlled digital lending program falls under the fair use exception to copyright law.

Under fair use, limited use of copyrighted material is permitted for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

The Internet Archive argues that its program meets these criteria, as it is a non-profit educational service that provides access to books for research and scholarship.

The Dispute over Commercial Harm

Hachette's primary argument against fair use is that the Internet Archive's program causes commercial harm to authors and publishers.

The publisher claims that by allowing users to borrow digital copies of books for free, the Internet Archive is reducing the number of people who will purchase those books.

The Internet Archive disputes this claim, arguing that its program actually promotes the sale of books by introducing new readers to authors and their work.

The Legal Precedents

There is little legal precedent on the issue of controlled digital lending.

However, a recent case involving Georgia State University's e-reserves program provides some guidance.

In that case, the court found that the university's program was a fair use of copyrighted material, as it was a non-profit educational service that did not harm the commercial market for the materials.

The Appeal

In October 2022, a federal judge ruled in favor of Hachette, finding that the Internet Archive's controlled digital lending program was not a fair use of copyrighted material.

The Internet Archive has appealed the ruling, and the case is now before the U.S. Court of Appeals for the Second Circuit.

The outcome of this case will have significant implications for the future of digital lending and fair use in the digital age.

Stay tuned for updates as the legal battle continues.