By Jonathan Stempel
A U.S. appeals court has ruled against the Internet Archive in a copyright infringement case brought by major book publishers, including Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House. The court found that the archive's practice of scanning and lending copyrighted books online for free without permission did not constitute fair use.
The publishers accused the nonprofit of infringing copyrights in 127 books by authors such as Malcolm Gladwell, C.S. Lewis, Toni Morrison, J.D. Salinger, and Elie Wiesel, by making the books available through its Free Digital Library.
The Internet Archive argued that its library was transformative and served the public interest by promoting access to knowledge. However, the court disagreed, stating that the archive's actions harmed publishers and would negatively impact the public by discouraging consumers and libraries from purchasing books and authors from creating new works.
The ruling has been hailed as a victory for authors, publishers, and readers. The Internet Archive, which temporarily expanded lending during the COVID-19 pandemic, has vowed to continue defending the rights of libraries to own, lend, and preserve books.
Overall, this case highlights the importance of protecting intellectual property rights and the role of authors and publishers in society. It also serves as a reminder of the impact that copyright infringement can have on the publishing industry and the public's access to knowledge.
