A Federal appeals court has ruled that the nonprofit Internet Archive’s “controlled digital lending program” – which creates and lends fully digitized copies of books – does not meet the copyright law’s definition of a fair use. The September 4, 2024, decision in Hachette Books v. Internet Archive by the Second Circuit Court of Appeals upheld a lower court finding that the Internet Archive’s lending practice runs afoul of the copyright law, even when it loans books on a one-to-one, owned-to-loaned basis.
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