Hachette Book Group, Inc. v. Internet Archive, 542 F.Supp. 1156 (2023)

Recently, a federal district court in Manhattan made a significant ruling concerning the way libraries are allowed to lend eBooks under copyright law. In the case, Hachette Book Group, Inc. v. Internet Archive, four publishing houses sued Internet Archive, a free online digital library, for scanning and lending 127 books for free download. Internet Archive claimed it had a right to do so under the doctrine of fair use. However, the Court disagreed, holding that Internet Archive was making “derivative” works that required permission from the copyright holders. More specifically, the Court found that because Internet Archive was purchasing the books only once before scanning and lending each digital copy an unlimited number of times, it was an infringement of copyright. Internet Archive plans to appeal the decision.