‘Let readers read’: The Internet Archive just lost a major copyright battle

The Internet Archive has been a crucial resource, especially during COVID-19, when people couldn’t go to their public libraries to access books. The platform has digitalized physical copies of many books, as well as archived audio, image, video, and software materials.

At the start of the COVID-19 pandemic, the Internet Archive established the National Emergency Library to increase access to books. As WIRED describes it:

The NEL was an offshoot of an ongoing digital lending project called the Open Library, in which the Internet Archive scans physical copies of library books and lets people check out the digital copies as though they’re regular reading material instead of ebooks. The Open Library lent the books to one person at a time—but the NEL removed this ratio rule, instead letting large numbers of people borrow each scanned book at once.

In June of 2020, a group of major publishers (Hachette, HarperCollins, Penguin Random House, Wiley, and more) filed a lawsuit against the Internet Archive, likening it to a piracy site. The organization countered, arguing that its actions were merely transformative. They claimed that these books were scans and not the e-books that publishers have licensed. Since the “covered books” (physical copies) are also copyrighted, the organization’s defense fell apart. The court ruled against Internet Archive, and the organization can no longer digitalize the scans of books without copyright permission.

What does this mean for the Internet Archive? Are we losing the site altogether? Not quite—the site wouldn’t be shutting down. Nevertheless, expect several unauthorized books to be taken down. Access to roughly 500,000 books has already been restricted. It’s important to note that this ruling only affects the books—other media in the Internet Archive will remain in place.

This ruling is a loss to many. There are some books that may not be easily acquired in other countries, and the Internet Archive has made it possible for those people to access those resources. Supporters of the Internet Archive have been circulating a petition titled “Let the Readers Read.” The petition asks the publishers to restore access to the books that have been restricted.