On September 4, 2024, the U.S. Court of Appeals for the Second Circuit delivered a ruling that may significantly impact the future of internet culture. The non-profit Internet Archive lost the “Hachette v. Internet Archive” case, with its digital lending project deemed a violation of copyright law. This ruling reaffirms the importance of copyright in the digital age and is expected to spark widespread debate on how to interpret the scope of copyrighted works’ usage.
Fair Use in the Digital Age
The “fair use” defense that Internet Archive argued in this case is a theme frequently debated in the interpretation of copyright law in the digital age. Fair use refers to the principle that allows for the use of portions of copyrighted works without permission for purposes such as education, criticism, and research. However, the appeals court rejected this argument as “unconvincing.” Particularly, the “National Emergency Library” program, initiated during the pandemic, allowed scanned books to be lent to multiple users simultaneously, which was deemed a copyright infringement.
This ruling supports the rights of copyright holders to protect their works and receive appropriate compensation for their use. However, there is also a concern that limiting access to books for researchers, students, and the general public could significantly restrict the use of digital information. The application of copyright law in the digital age also has the potential to affect cultural preservation efforts, making it crucial to strike a balance.
The Role of Internet Archive and the Challenges of Cultural Preservation
The Internet Archive has been archiving a vast array of digital content, including websites, books, music, and videos, and making it publicly accessible. Its flagship project, the “Wayback Machine,” is widely used as an archive of historical websites and plays a vital role in preserving internet history. It has become an indispensable tool for journalists, researchers, and lawyers. However, this ruling raises fundamental questions about the extent to which digitalization and lending of books and other works should be allowed.
Cultural preservation activities are becoming increasingly important with the development of the internet, and ensuring access to copyrighted works is a societal challenge. Organizations like the Internet Archive have contributed to safeguarding internet knowledge and culture, but balancing this with the rights of copyright holders will be a key issue going forward.
The Future of Copyright Law and New Challenges
This ruling suggests that copyright law will continue to be enforced strictly, but it also highlights new challenges. With the development of generative AI (artificial intelligence) technology, the use of copyrighted works as training data by AI companies is increasing, leading to a rise in copyright infringement lawsuits. These issues indicate that a new legal framework may be required to bridge the gap between copyright law and technological advancements.
For organizations like the Internet Archive, this loss is a major setback, but it also serves as a reminder of the importance of cultural preservation activities. How society navigates the balance between internet freedom and the respect for copyright will be a critical issue in the future.
