Internet Archive Digital Lending Isn't Fair Use, 2nd Cir. Says

Internet Archive's "controlled digital lending" system and removal of controls during the pandemic don't qualify as fair use, the Second Circuit affirmed Wednesday. Bloomberg Law: Four major book publishers again thwarted the online repository's defense that its one-to-one lending practices mirrored those of traditional libraries, this time at the US Court of Appeals for the Second Circuit. Copying books in their entirety isn't transformative, and lending them for free competes with the publishers own book and ebook offerings, the unanimous panel said. Internet Archive said in a statement: We are disappointed in today's opinion about the Internet Archive's digital lending of books that are available electronically elsewhere. We are reviewing the court's opinion and will continue to defend the rights of libraries to own, lend, and preserve books. Further reading: Full-text of court opinion [PDF].

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