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June 10, 2022 by Gary Price

Report: “Internet Archive Says ‘Emergency’ Digital Library Protected By Fair Use”

June 10, 2022 by Gary Price

UPDATE June 14: Publishers & Internet Archive Both Seek Piracy Lawsuit Win Without Full Trial (via TorrentFreak)

UPDATE June 13: Internet Archive, Publishers to Seek Summary Judgment in Book Scanning Lawsuit (via PW)

UPDATE June 10: Publishers File For Summary Judgement, Letter to Judge Available (via CourtListener)

—End UPDATES—

Note: The full text document mentioned in the article below is available here.

From Media Post:

On Thursday, the Internet Archive told U.S. District Court Judge John G. Koeltl it will argue both lending programs — the emergency program, which lasted from March through June of 2020, as well as the original program — are protected by fair use principles.

“In the spring of 2020, an unprecedented global pandemic forced all of the libraries to close,” the Internet Archive’s lawyer wrote to Koeltl in a letter requesting a conference. “Under those unique circumstances, Internet Archive lifted its one-to-one owned-to-loaned ratio. And under those unique circumstances, lending a single library book to more than one patron at a time was fair use.”

Direct to Complete Article

Filed under: Companies (Publishers/Vendors), Digital Collections, Digital Preservation, Interactive Tools, Libraries, News

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About Gary Price

Gary Price (gprice@gmail.com) is a librarian, writer, consultant, and frequent conference speaker based in the Washington D.C. metro area. He earned his MLIS degree from Wayne State University in Detroit. Price has won several awards including the SLA Innovations in Technology Award and Alumnus of the Year from the Wayne St. University Library and Information Science Program. From 2006-2009 he was Director of Online Information Services at Ask.com.

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