Surge in Free Books Available Online Spurs Major Copyright Infringement Suit
The Internet Archive Sued for Copyright Infringement Due to Free Content Offerings During Pandemic Shutdown
Whether opportunistic or simply generous, many online services have taken the initiative to offer their services or wares for free for a limited time or for cheaper prices during the current pandemic. The services have included, for example, lower food delivery costs, free months of pay-to-see websites, and a deluge of new e-books to read online. However, the Internet Archive offering the latter, has found itself in the hot seat, being named a defendant in a lawsuit brought by four major publishing houses.
The Internet Archive’s National Emergency Library and Unlicensed Content
The Internet Archive stands accused of offering more than a million scanned works to the public without having secured the proper licensing rights. In the complaint filed, the plaintiffs allege that the Internet Archive makes available for the public “verbatim” digital copies of the works still protected under federal copyright law. The Internet Archive has not denied the claims, having announced its intent as early as March to establish a “National Emergency Library” in response to the outbreak of COVID-19, which has led to the immediate shutdown of libraries nationwide.
While the publishing industry and brick-and-mortar bookstores have long been fighting the spread of e-books and electronic publishing, the recent pandemic has opened a new avenue up for virtual libraries as schools and universities have been shut down with no immediate plans to reopen in the future. As such, digital libraries such as the Internet Archive have touted themselves as offering services that can replace or supplement remote learning for students who must finish their studies at home.
The National Emergency Library Mission to Support
In a publicly released statement, the Internet Archive indicated that the national emergency library would last at least through the end of June with efforts to continue it dependent on national reopening plans. And the Internet Archive has made no apologies about its operations, calling the lawsuit “disappointing” but acknowledging that it acquires paperback and hardcover books through either donation or purchasing and then scans them for distribution.
It does argue, however, that the lawsuit is in bad taste as it explains that its mission supports publishing, authors, and reading by making such materials more widely available for enthusiasts or those in need of materials. The plaintiffs who include Penguin Random House and HarperCollins reject such claims, however, seeking a permanent injunction against the library and stating that authors are being denied proper royalties through the Internet Archive’s actions.
This lawsuit just marks another battle in the long war between digital materials and traditional publishers with the added wrinkle of the global pandemic shutting down brick-and-mortal access to the contested works.
Key Takeaways for Online Service Providers Offering “Special” Content Due to the Pandemic Shutdown
Online content providers should be aware that copyright infringement can still be asserted even under unprecedented effects associated with the current pandemic. Since the COVID-19 emergency shut down brick and mortar libraries, the establishment of the national emergency library to support and encourage books and reading backfired on the Internet Archive because:
it significantly expanded its offerings to include materials that are still under copyright protection;
the offerings created a new free source for students who must rely on remote learning, cutting the potential for profit from the rightful copyright owners; and
the free offerings of the copyrighted works created widespread infringement due to the pandemic’s closure of brick-and-mortar institutions.
For more insights on copyright licensing, see our Software & Copyright Law Overview and Consumer Products Industry Legal Solutions pages.
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