September 11, 2023
AAP Comment on Internet Archive Appeal
The following is a comment from Terrence Hart, General Counsel, Association of American Publishers on Internet Archive’s appeal of its loss in the copyright infringement case Hachette Book Group, et al, v. Internet Archive.
“The publisher plaintiffs and AAP community stand behind the District Court’s clear opinion in this case, establishing that the Internet Archive’s industrial scale format-shifting activities constitute copyright infringement, consistent with ample other precedent that defines the clear boundaries of fair use and first sale provisions. There is simply no legal support for the notion that Internet Archive or a library may convert millions of eBooks from print books for public distribution without the consent of, or compensation to, the authors and publishers.
The plaintiff publishers will vigorously litigate the appeal of this case, which stands for foundational copyright principles. Copyright, not infringement, is the engine of creativity that serves the public interest.”
See press release on the Court’s March 24, 2023 decision here.