This doctrine says that usage for “purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright,” per the court’s opinion. The Internet Archive contends that it did not engage in copyright infringement because of the doctrine of fair use. However, it was not using this practice during the pandemic, lending out more digital book copies than courts say it had rights to. The Internet Archive counts its own physical copy of a book, and up to one book copy owned by its partner libraries to dictate the number of e-books it can lend. Instead, it functions through “controlled digital lending,” which allows “entit that own a physical book to scan that book and circulate digitized title in place of physical one in a controlled manner.”īut controlled digital lending also requires that libraries only lend the number of copies it owns. Under the Internet Archive’s regular model, it does not allow users to mass download e-books. Libraries have the right to lend physical books to users because of the first-sale doctrine, which gives individuals who own a copyrighted book the right to sell, display, or lend that copy. 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. Other more modern books can only be borrowed from their Open Library, whose vision is to “make all the published works of humankind available to everyone in the world.” Users only have to make a free account in order to borrow the digital copy of the book. Of those millions, they offer free, downloadable books that were published before 1927. The Internet Archive, which creates e-books by scanning print versions, includes 3.6 million copyrighted books in its online database, according to the court opinion. To date, it scans more than 4,000 books a day in 18 locations around the world. The nonprofit has been digitizing books since 2005. Through digital archives like their Wayback machine, people can access now-defunct sites from more than 25 years ago. The Internet Archive is a nonprofit that has built a “digital library” of websites, books, audio recordings, videos, images and other research for the general public.
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