U.S. District Court Judge John G. Koeltl said that the Internet Archive was making “derivative” works by turning print books into ebooks and distributing them.
federal judge sided in favor of the four leading publishers in the U.S. who sued the Internet Archive for scanning and lending out numerous digital copies of copyrighted books for free during the early days of COVID-19.
U.S. District Court Judge John G. Koeltl agreed with the plaintiffs, saying that the Internet Archive was making “derivative” works by turning print books into ebooks and distributing them. It no longer has the right to do so. The nonprofit is also a member of a number of associations including the American Library Association and the international Federation of Library Associations and Institutions.Libraries have the right to lend physical books to users because of the first-sale doctrineUnder the Internet Archive’s regular model, it does not allow users to mass download ebooks.
Koeltl ruled that Internet Archive’s use of ebooks did not adhere to these standards when rolling out the National Emergency Library, but also in its broader use of the lending library, saying there was nothing “transformative” about its use of ebooks that gave them the right to “scan those books and lend the digital copies en masse.
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