Internet Archive Faces Legal Setback Over Digital Lending Practices

The Internet Archive’s Legal Battle Over Digital Lending

In the early days of the pandemic, as libraries across the nation shuttered their doors, the Internet Archive, a nonprofit organization dedicated to digitizing and archiving a vast array of materials—including web pages, music, and books—sought to adapt. They launched an initiative to provide free access to their extensive library of scanned books through an online platform. However, this bold move sparked significant legal controversy regarding the legality of distributing these digital texts.

On Wednesday, the U.S. Court of Appeals for the Second Circuit in Manhattan delivered a pivotal ruling, affirming that the Internet Archive had indeed violated copyright laws by redistributing these books without obtaining the necessary licensing agreements. This decision represents a major victory for the prominent book publishers that initiated the lawsuit in 2020, and it may have far-reaching implications for the future of digital archiving.

Maria A. Pallante, president of the Association of American Publishers, commented on the ruling, stating, “The defendant attempted to do what no one had done before, which was to label unauthorized distribution of entire books as ‘lending’ without permission.” She expressed the industry’s satisfaction with the court’s decision, adding, “Obviously we are delighted” with the outcome.

This legal saga began when a federal court ruled against the Internet Archive in March 2023, leading the organization to remove numerous works from its online library. Subsequently, the Internet Archive filed an appeal in September of the same year.

Looking ahead, the possibility remains for a final appeal to be taken to the Supreme Court. In response to the recent ruling, the Internet Archive released a statement indicating that it is “reviewing the court’s opinion and will continue to defend the rights of libraries to own, lend, and preserve books.”