INTERNET ARCHIVE IS GRANTED CLAIMS OF COPYRIGHT INFRINGEMENT FOR THE USE OF CDL
Internet Archive started out as a website with the goal of preserving websites and information on the Internet. Internet Archive has expanded its goal of becoming an online digital library offering what has come to be known as Controlled Digital Lending (“CDL”). However, because of this practice, Internet Archive is now facing copyright infringement lawsuits.
WEB ARCHIVE USES CDL TECHNOLOGY
Internet Archive purchases one or more copies of a book and uses a process to scan the books and create digital versions that can be loaned to users. With CDL, Internet Archive allows users to create a free account and then borrow digital copies of the books.
Traditional brick and mortar libraries have begun to work with several different organizations to provide their users with digital versions of books housed in the libraries. The main difference is that these companies are often licensed with the publishers and the library requires an existing library card number.
PUBLISHING COMPANIES ALLEG THAT THE CDL OF THE WEB ARCHIVE IS INFRINGING
Four major publishers, Hachette, HarperCollins, Penguin Random House and Wiley, have sued Internet Archive for copyright infringement of copyrighted books for up to $19 million in damages. Hachette Book Grp., Inc. v. Internet Archive, 2022 US Dist. LEXIS 120780 (SDNY 2022). Publishers have accused Internet Archive of copyrighting more than 33,000 of the publishers’ commercially available titles without permission. The editors claim that this exploits the works and that the authors do not support this practice.
DEFENSE OF THE INTERNET ARCHIVE
Internet Archive raises a fair use defense that it has purchased one or more copies of all the books it offers and that it behaves like a traditional library, only via the Internet. Internet Archive also pointed to other cases where traditional libraries and Google have been sued for offering digital versions of books and found to be involved in fair use.
Author organizations and unions have submitted amicus briefs for both sides, showing how the authors themselves view the issue.
KEY FINDINGS ABOUT USING CDL IN THE WEB ARCHIVE
The case against Internet Archive for copyright infringement is important to watch because:
The use of the Internet and digital media is constantly increasing;
Businesses and public libraries are increasingly looking for digital offerings; and
The case could be a major turning point for fair use and the digitization of print media.
