Non-profit organisation, Internet Archive, has requested the Second Circuit appeals court to overturn a previous verdict by a Manhattan federal judge. This past ruling held that the Internet Archive breached the copyrights of four publishing entities by purchasing, scanning, and subsequently loaning physical books without charge. The entity defended its actions by asserting that the program is a legitimate illustration of fair use.
Fair use refers to the legal principle that enables the use of copyrighted material under certain conditions without obtaining permission from the rights owner. In this case, the Internet Archive implies that its e-book lending program signifies a transformative use of the copyrighted works, which is one of the factors typically considered when assessing fair use claims.
The case’s determination could reverberate throughout the digitized publishing and copyright law sectors, as it may establish precedent for how copyrighted materials can be shared and redistributed online.
The fair use doctrine is crucial in balancing the rights of copyright holders and the public’s access to information. The outcome of this appeal could influence future fair use considerations, particularly within the digital domain where such matters are increasingly pertinent. More details can be accessed on Law360’s report.