Internet Archive Defends Library Digitize-and-Lend Model | Authors Alliance

“The Internet Archive has responded to a copyright lawsuit filed by a group of commercial publishers which takes aim at the Controlled Digital Lending (“CDL”) model and the Internet Archive’s (now closed) National Emergency Library. The Internet Archive’s answer to the publishers’ complaint highlights the fair use arguments underpinning the digitize-and-lend model, which has been in operation since 2011 with the support and participation of hundreds of other libraries.

Under the CDL digitize-and-lend model, libraries make digital copies of scanned books from their collections available to patrons (the hard copy is not available for lending while the digital copy is checked out, and vice versa). A library can only circulate the same number of copies that it owned before digitization. Like physical books, the scanned copies are loaned to one person at a time and are subject to limited check-out periods. The Internet Archive launched National Emergency Library in March in response to the COVID-19 outbreak which left the physical collections in libraries inaccessible to patrons; books available through the National Emergency Library were not subject to the “owned-to-loaned” ratio. The National Emergency Library closed on June 16.

The Internet Archive’s answer to the publishers’ complaint explains that the digitize-and-lend model serves the public interest in preservation, access, and research—all classic fair use purposes. Every book in the collection has already been bought and paid for by the libraries that own them, and most of the volumes are out of print….”

Libraries lend books, and must continue to lend books: Internet Archive responds to publishers’ lawsuit – Internet Archive Blogs

“Yesterday, the Internet Archive filed our response to the lawsuit brought by four commercial publishers to end the practice of Controlled Digital Lending (CDL), the digital equivalent of traditional library lending. CDL is a respectful and secure way to bring the breadth of our library collections to digital learners. Commercial ebooks, while useful, only cover a small fraction of the books in our libraries. As we launch into a fall semester that is largely remote, we must offer our students the best information to learn from—collections that were purchased over centuries and are now being digitized. What is at stake with this lawsuit? Every digital learner’s access to library books. That is why the Internet Archive is standing up to defend the rights of  hundreds of libraries that are using Controlled Digital Lending.

The publishers’ lawsuit aims to stop the longstanding and widespread library practice of Controlled Digital Lending, and stop the hundreds of libraries using this system from providing their patrons with digital books. Through CDL, libraries lend a digitized version of the physical books they have acquired as long as the physical copy doesn’t circulate and the digital files are protected from redistribution. This is how Internet Archive’s lending library works, and has for more than nine years. Publishers are seeking to shut this library down, claiming copyright law does not allow it. Our response is simple: Copyright law does not stand in the way of libraries’ rights to own books, to digitize their books, and to lend those books to patrons in a controlled way. ”

Internet Archive to Publishers: Drop ‘Needless’ Copyright Lawsuit and Work with Us

“During a 30-minute Zoom press conference on July 22, Internet Archive founder Brewster Kahle urged the four major publishers suing over the organization’s book scanning efforts to consider settling the dispute in the boardroom rather than the courtroom.

“Librarians, publishers, authors, all of us should be working together during this pandemic to help teachers, parents, and especially students,” Kahle implored. “I call on the executives of Hachette, HarperCollins, Wiley, and Penguin Random House to come together with us to help solve the challenging problems of access to knowledge during this pandemic, and to please drop this needless lawsuit.” 

Kahle’s remarks came as part of a panel, which featured a range of speakers explaining and defending the practice of Controlled Digital Lending (CDL), the legal theory under which the Internet Archive has scanned and is making available for borrowing a library of some 1.4 million mostly 20th century books….”

Internet Archive to Publishers: Drop ‘Needless’ Copyright Lawsuit and Work with Us

“During a 30-minute Zoom press conference on July 22, Internet Archive founder Brewster Kahle urged the four major publishers suing over the organization’s book scanning efforts to consider settling the dispute in the boardroom rather than the courtroom.

“Librarians, publishers, authors, all of us should be working together during this pandemic to help teachers, parents, and especially students,” Kahle implored. “I call on the executives of Hachette, HarperCollins, Wiley, and Penguin Random House to come together with us to help solve the challenging problems of access to knowledge during this pandemic, and to please drop this needless lawsuit.” 

Kahle’s remarks came as part of a panel, which featured a range of speakers explaining and defending the practice of Controlled Digital Lending (CDL), the legal theory under which the Internet Archive has scanned and is making available for borrowing a library of some 1.4 million mostly 20th century books….”

SPARC Statement in Support of the Internet Archive and Controlled Digital Lending – SPARC

“The Internet Archive (IA) plays a critical role in democratizing access to the world’s knowledge. As a library, it provides a wide range of services, that include collecting and preserving materials ranging from books to audio recordings to the full content of the World Wide Web, and ensures that the public has barrier free access to this content.  

In June, a group of publishers filed a lawsuit challenging the legality of one of these services, the National Emergency Library (NEL), a temporary program that the IA set up to ensure the public could access books online while most libraries are physically inaccessible during the COVID-19 pandemic. Critically, the lawsuit also targets the practice of Controlled Digital Lending (CDL), the process of scanning a copy of a print book and lending it one digital copy at a time to one reader at a time—mirroring the long-standing library practice of lending physical books. CDL plays an important role in many libraries, and has been particularly critical to many academic and research libraries as they work to support students, faculty, and researchers through this pandemic. 

SPARC supports Controlled Digital Lending and has joined other libraries, library organizations, and individual librarians in signing this Position Statement to voice our support for this important library practice, and we encourage others in the community to consider signing this statement as well….”

EFF and Durie Tangri Join Forces to Defend Internet Archive’s Digital Library

“The Electronic Frontier Foundation (EFF) is joining forces with the law firm of Durie Tangri to defend the Internet Archive against a lawsuit that threatens their Controlled Digital Lending (CDL) program, which helps people all over the world check out digital copies of books owned by the Archive and its partner libraries….”

 

The Internet Archive website lawsuit isn’t as dire as you may have heard – Vox

“The Internet Archive (also known as IA or Archive.org), home to the giant vault of internet and public domain history known as the Wayback Machine, is currently facing a crisis — one largely defined by misinformation. A group of publishing companies filed a scathing copyright lawsuit earlier this month over the IA’s controversial attempt to open an “Emergency Library” during the coronavirus pandemic. Ever since, confusion about the scope of the lawsuit and its potential impact on the IA as a whole has stoked fears of a crackdown on the IA’s many projects, including its gargantuan archive of the historical internet.

But much of that fear seems to be exaggerated. And while the lawsuit is a big deal for advocates of an open internet, it’s probably not the existential threat to the IA that you may have heard it is….”

Association of Research Libraries Urges End to Litigation against Internet Archive – Association of Research Libraries

“The Association of Research Libraries (ARL) urges an end to the lawsuit against the Internet Archive filed early this month by four major publishers in the United States District Court Southern District of New York, especially now that the National Emergency Library (NEL) has closed two weeks earlier than originally planned.

For nearly 25 years, the Internet Archive (IA) has been a force for good by capturing the world’s knowledge and providing barrier-free access for everyone, contributing services to higher education and the public, including the Wayback Machine that archives the World Wide Web, as well as a host of other services preserving software, audio files, special collections, and more. Over the past four weeks, IA’s Open Library has circulated more than 400,000 digital books without any user cost—including out-of-copyright works, university press titles, and recent works of academic interest—using controlled digital lending (CDL). CDL is a practice whereby libraries lend temporary digital copies of print books they own in a one-to-one ratio of “loaned to owned,” and where the print copy is removed from circulation while the digital copy is in use. CDL is a practice rooted in the fair use right of the US Copyright Act and recent judicial interpretations of that right. During the COVID-19 pandemic, many academic and research libraries have relied on CDL (including IA’s Open Library) to ensure academic and research continuity at a time when many physical collections have been inaccessible….”

The National Emergency Library Controversy Part 3: Farewell and Best Wishes – Data Horde

“Events from this point on are fortunately a lot clearer. The Internet Archive would begin to regularly release statistics and updates on the NEL[1]. Some of the highlights here include the IA reaching out to educational institutions in hopes of seeking a compromise[2] and cooperation between the IA and the National Library of Aruba when the island nation too was hit with the outbreak[3]….”

The National Emergency Library Controversy Part 2: Take Off – Data Horde

“When we last left off, disease had run rampant across the US. A national emergency was declared; schools, workplaces and any and all public buildings were closing down rapidly. The stage was set!

On March 24, in response to the ongoing crisis, the Internet Archive officially launched their National Emergency Library initiative[1] in hopes of supporting displaced learners….”