Internet Archive's digital library has been found in breach of copyright. The decision has some important implications
Retrieved on:
Wednesday, August 23, 2023
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The Internet Archive was founded in 1996 as a non-profit digital library, aiming to provide “universal access to all knowledge”.
Key Points:
- The Internet Archive was founded in 1996 as a non-profit digital library, aiming to provide “universal access to all knowledge”.
- It started with a project to preserve the World Wide Web.
- Since 2006, it has also provided a web archiving subscription service to institutions and individuals, allowing them to create digital archives and preserve collections of digital content.
Copyright issues
- The lending of books that are out of copyright is not controversial, but Internet Archive’s distribution of copyrighted works is problematic.
- Only one person can borrow any given copy at a time for a limited period.
- Facilitating access to books in this manner without permission from, or payment to, publishers or authors has been condemned as a “flagrant violation of copyright and authors’ rights”.
Legal implications
- The Southern District of New York court issued its final order in Hachette v. Internet Archive on March 24, 2023.
- The consent judgement of August 11 has banned the Open Library from scanning or distributing commercially available books in digital formats.
- This decision leaves a concerning gap: it does not apply to physical books that are not currently available digitally.
- For example, authors of out-of-print works may choose to later publish their work in an ebook format and monetise that edition.
Consequences
- Other libraries in Canada and the US have adopted the practice as an alternative to far more expensive and restrictive ebook licensing.
- Though the Internet Archive is based in the US, its activities have an effect on the earnings of authors in Australia.
- In contrast to Canada and the US, controlled digital lending is, in general, not allowed in Australia.
- If we want authors to survive, we’ve got to stop assuming that authors’ intellectual labour is a public commodity.