The Internet Archive, a renowned digital library based in San Francisco, is embroiled in a sweeping copyright lawsuit launched by several prominent music labels , including Sony and Universal Music Group.
The lawsuit alleges copyright infringement in relation to the digitization of vintage records as part of the Internet Archive’s “Great 78 Project.” Plaintiffs in the case include industry giants such as Sony, Universal Music Group, and Arista, among others. The Great 78 Project, which has been operational since 2006, was established to provide the public with access to a significant but often neglected facet of cultural heritage.
The focal point of the lawsuit revolves around the claim that the Internet Archive knowingly and without authorization reproduced numerous protected sound recordings as part of the Great 78 Project. This project, aimed at the preservation and exploration of 78rpm records – a medium played at 78 revolutions per minute – has been a flagship initiative of the Internet Archive, dedicated to enhancing access to historical music and promoting its study without jeopardizing the physical records.
According to the archive, these 78rpm records, dating from 1898 to the 1950s, are not only of cultural value but are also fragile and prone to damage. The archive’s mission was to provide a digital repository of underrepresented artists and genres, allowing researchers to manipulate and study the recordings in a digital format.
The music labels’ lawsuit claims that the Internet Archive unlawfully uploaded, distributed, and transmitted digitally copied sound recordings, seeking substantial damages of up to $150,000 per infringed protected sound recording. The lawsuit identifies 2,749 songs, featuring renowned artists like Elvis Presley, Duke Ellington, Billie Holiday, Ray Charles, Chuck Berry, Frank Sinatra, and Ella Fitzgerald. If the court rules against the Internet Archive, the combined potential payments could exceed $412 million.
Simultaneously, the Internet Archive is already grappling with another lawsuit related to its digital library practices. Earlier this year, four major book publishers accused the Internet Archive of engaging in “wilful digital piracy on an industrial scale,” negatively impacting both writers and publishers. While the initial decision favored the publishers, the Internet Archive is pursuing an appeal and continues to assert that the fight is far from over.
Internet Archive founder Brewster Kahle voiced concerns over what he perceives as a threat to libraries, citing book bans, defunding, and lawsuits. Kahle emphasized the importance of strong libraries in ensuring public access to knowledge, particularly during pivotal times for democracy.
As these legal battles unfold, the outcomes have the potential to significantly influence the landscape of digital libraries, copyright law, and the accessibility of cultural heritage materials. The resolution of these cases will undoubtedly have far-reaching implications for the intersection of technology, intellectual property, and the preservation of historical artifacts.
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