September 28, 2022
Statement From Terrence Hart, General Counsel, Association of American Publishers on Disinformation in The Internet Archive Case
That authors and publishers support libraries is not in dispute and most certainly not at issue in the infringement case against the Internet Archive, which is not a library.
On the contrary, the Internet Archive operates an unlicensed digital copying and distribution business that copies millions of literary works without permission and gives them away for free. This activity is unprecedented and outside any reasonable interpretation of the copyright law that grants to authors the decision as to whether, when, through whom, and on what terms to distribute their works to the public.
If the rights holder chooses to permit the copying of print books into e-books, that is a choice they are empowered to make as to their own works. The Internet Archive robs authors and publishers of that choice.
As is made clear in the publishers’ suit, motion for summary judgement, and opposition brief, this case is about protecting the thousands of authors and publishers who depend on the copyright law that Congress enacted and the Internet Archive has elected to ignore.