Internet Archive Loses Landmark eBook Lending Copyright Appeal Against Publisher

The Second Circuit Court of Appeals has ruled against the Internet Archive (IA) in a significant copyright case concerning its digital book lending program. The court upheld a previous ruling that IA's practice of scanning and lending copyrighted books without permission from publishers constitutes copyright infringement and is not protected under fair use. The lawsuit, initiated by major publishers including Hachette and Penguin Random House in 2020, argued that IA's "Open Library" functioned similarly to a pirate site. The court acknowledged the financial burden of e-book licensing on libraries but concluded that this does not justify IA's actions. The judges emphasized that IA's self-scanning and lending practices harm publishers' revenues and undermine the copyright law's intent to protect creators. Although IA argued that its approach enhances access to literature, the court found that digitizing books does not create a transformative purpose and that IA's activities could substitute for purchasing e-books, further harming publishers. The ruling effectively prohibits IA from lending out digital copies of copyrighted works from the involved publishers, although IA has expressed disappointment and plans to continue advocating for library rights.

- The Second Circuit Court ruled against the Internet Archive's e-book lending program, citing copyright infringement.

- The court determined that IA's practices do not qualify as fair use under U.S. copyright law.

- Publishers argued that IA's actions threaten their revenues and equated the lending program to piracy.

- The ruling emphasizes the importance of protecting authors' and publishers' rights over expanding access to books.

- IA plans to review the court's opinion and continue its advocacy for library rights.