A copyright win in the Internet Archive lawsuit

Book publishers have won their lawsuit against the Internet Archive. What does it mean for copyright owners? Cokato Copyright Attorney Tom James explains.

New York Public Library shelves of books available for fair use

 

In a previous post about the Internet Archive lawsuit, I explained that  book publishers Hachette Book Group et al. prevailed in a lawsuit against Internet Archive (“IA”) et al. The lawsuit alleges that IA scans copyright-protected printed books into a digital format, uploads them to its servers, and distributes these digital copies to members of the public via a website – all without a license and without paying the authors and publishers. The lawsuit asserts claims of copyright infringement.

A permanent injunction

Judge John Koeltl has now approved a consent judgment providing for a permanent injunction that prohibits Internet Archive from scanning and distributing copyrighted books. It applies only to books that copyright owners have already published and made available in e-book format. As Judge Koeltl put it: “The Court has narrowly tailored the injunctive relief in this case to cover only copyrighted works, like the Works in Suit, that are available from the Publishers in electronic form.”

IA reportedly plans to appeal.

A new lawsuit

This month, Sony Music Entertainment et al. filed a similar copyright infringement lawsuit against IA. This complaint alleges that IA digitized and distributed digital copies of 78 rpm records by Frank Sinatra, Billie Holiday, and other recording artists in violation of the rights of copyright owners.

Visit my extensive Copyright FAQs page.

 

Author: Thomas James

Thomas James (also known as Tom james) is an attorney located in Cokato, Minnesota (USA) with over thirty years of experience as a sole practitioner. His practice is focused on trademark and copyright registration and protection, small business and nonprofit organization formation, and applications for 501(c) tax-exempt status. Also an author and continuing legal education course developer and instructor. Admitted to the bar of Minnesota, the Federal Circuit Court of Appeals, and the United States Supreme Court. Also authorized to represent clients before the Copyright Office, the Copyrigh Claims Board, the USPTO (Trademark Office), and the Trademark Trials and Appeals Board. For information about legal representation regarding trademarks, copyrights, or busines law, visit ⁠the Law Office of Thomas James, https://tomjameslaw.com.

Discover more from Cokato Copyright Attorney: The Law Blog of Thomas James

Subscribe now to keep reading and get access to the full archive.

Continue reading

Exit mobile version
%%footer%%