Hachette v Internet Archive preservation internetarchive education library publicservices

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https://www.eff.org/cases/hachette-v-... • Hachette Book Group, Inc. v. Internet Archive, No. 20-cv-4160 (JGK), 2023 WL 2623787 (S.D.N.Y. 2023) • The Electronic Frontier Foundation (EFF), with co-counsel Morrison Foerster LLP, is defending the Internet Archive against a lawsuit that threatens its Controlled Digital Lending (CDL) program. • The Internet Archive is a nonprofit digital library, preserving and providing access to cultural artifacts of all kinds in electronic form. CDL allows people to check out digital copies of books for two weeks or less, and only permits patrons to check out as many copies as the Internet Archive and its partner libraries physically own. That means that if the Internet Archive and its partner libraries have only one copy of a book, then only one patron can borrow it at a time, just like other library lending. Through CDL, the Internet Archive is helping to foster research and learning by helping patrons access books and by keeping books in circulation when their publishers have lost interest in them. • Four publishers sued the Archive, alleging that CDL violates their copyrights. In their complaint, Hachette, HarperCollins, Wiley, and Penguin Random House claim CDL has cost their companies millions of dollars and is a threat to their businesses. • They are wrong. Libraries have paid publishers billions of dollars for the books in their print collections, and are investing enormous resources in digitization in order to preserve those texts. CDL helps ensure that the public can make full use of the books that libraries have bought and paid for. This activity is fundamentally the same as traditional library lending, and poses no new harm to authors or the publishing industry. Libraries have never been required to get permissions or pay extra fees to lend books. And as a practical matter, the data shows that CDL has not and will not harm the publishers' bottom line. • The Internet Archive and the hundreds of libraries and archives that support CDL are simply striving to serve their patrons effectively and efficiently, lending books one at a time, just as they have done for centuries. Copyright law does not prevent that lawful fair use. Indeed, it supports it. • On July 7, 2022, we filed a motion for summary judgment, asking the court to put an end to this dangerous lawsuit. On March 24, 2023, the court ruled against the Internet Archive, finding that the Internet Archive's CDL program was not a fair use. But the case is far from over. The Internet Archive is appealing the decision and filed its opening brief in the case on December 15, 2023. EFF will continue to stand with it to defend this essential public service. • • Hachette Book Group, Inc. v. Internet Archive, No. 20-cv-4160 (JGK), 2023 WL 2623787 (S.D.N.Y. 2023), is a case in which the United States District Court for the Southern District of New York determined that the Internet Archive, a registered library, committed copyright infringement by scanning and lending complete copies of books through controlled digital lending mechanisms. Stemming from the creation of the National Emergency Library (NEL) during the onset of the COVID-19 pandemic, publishing companies Hachette Book Group, Penguin Random House, HarperCollins, and Wiley alleged that the Internet Archive's Open Library and National Emergency Library facilitated copyright infringement. The case primarily concerns the fair use of controlled digital lending (CDL) of complete copies of certain books. The case does not concern the display of short passages, limited page views, search results, books out of copyright or out of print, or books without an ebook version currently for sale. • On March 25, 2023, the court ruled on the case. In August 2023, the parties reached a negotiated judgment, including a permanent injunction barring the Internet Archive from lending complete copies through CDL of some of the plaintiffs' books. The Internet Archive appealed the decision but it was upheld by the appellate court in September 2024. • https://en.wikipedia.org/wiki/Hachett... • https://www.eff.org/document/hachette... • https://www.eff.org/cases/hachette-v-...

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