CDL relies on an incorrect interpretation of copyright’s “fair use” doctrine to give legal cover to Open Library and potentially other CDL users’ outright piracy—scanning books without permission and lending those copies via the internet. By restricting access to one user at a time for each copy that the library owns, the proponents analogize scanning and creating digital copies to physically lending a legally purchased book. Although it sounds like an appealing argument, the CDL concept is based on a faulty legal argument that has already been rejected by the U.S. courts.For a more detailed deconstruction of CDL's arguments, see this statement from the Association of American Publishers.
In Capitol Records v. ReDigi, the Second Circuit held that reselling a digital file without the copyright holder’s permission is not fair use because the resales competed with the legitimate copyright holder’s sales. It found that market harm was likely because the lower-priced resales were sold to the same customers who would have otherwise purchased new licenses. In this regard, the court emphasized a crucial distinction between resales of physical media and resales of digital content, noting that unlike physical copies, digital content does not deteriorate from use and thus directly substitutes new licensed digital copies.
The same rationale applies to the unauthorized resale or lending of ebooks. Allowing libraries to digitize and circulate copies made from physical books in their collection without authorization, when the same books are available or potentially available on the market, directly competes with the market for legitimate ebook licenses, ultimately usurping a valuable piece of the market from authors and copyright holders.
To address our unprecedented global and immediate need for access to reading and research materials, as of today, March 24, 2020, the Internet Archive will suspend waitlists for the 1.4 million (and growing) books in our lending library by creating a National Emergency Library to serve the nation’s displaced learners. This suspension will run through June 30, 2020, or the end of the US national emergency, whichever is later.What this boils down to, under all the high-flying verbiage: the IA is ditching the one-user-at-a-time restriction that is one of the key justifications for the theory of controlled digital lending, and allowing unlimited numbers of users to access any digitized book in its collection.
During the waitlist suspension, users will be able to borrow books from the National Emergency Library without joining a waitlist, ensuring that students will have access to assigned readings and library materials that the Internet Archive has digitized for the remainder of the US academic calendar, and that people who cannot physically access their local libraries because of closure or self-quarantine can continue to read and thrive during this time of crisis, keeping themselves and others safe.
IA is using a global crisis to advance a copyright ideology that violates current federal law and hurts most authors. It has misrepresented the nature and legality of the project through a deceptive publicity campaign. Despite giving off the impression that it is expanding access to older and public domain books, a large proportion of the books on Open Library are in fact recent in-copyright books that publishers and authors rely on for critical revenue. Acting as a piracy site—of which there already are too many—the Internet Archive tramples on authors’ rights by giving away their books to the world.Here's just one concrete example. Katherine Harbour's Nettle King is available for borrowing in the National Emergency Library as a scan, an EPUB, and a PDF (the IA's EPUB versions are OCR conversions full of errors). Published in 2016, it's also "in print" and available on Amazon and other online retailers as an ebook, in addition to other formats. The IA, which never bought a digital license to Ms. Harbour's book and scanned and uploaded it without permission, now is proposing to allow unlimited numbers of users to access it, potentially impacting her sales. How is this any different from a pirate site?
[U]sing the Coronavirus pandemic as an excuse, the Archive has created the “National Emergency Library” and removed virtually all controls from the digital copies so that they can be viewed and downloaded by an infinite number of readers. The uncontrolled distribution of copyrighted material is an additional blow to authors who are already facing long-term disruption of their income because of the pandemic. Uncontrolled Digital Lending lacks any legal argument or justification.UPDATE 4/9/20: The Chairman of the US Senate Subcommittee on Intellectual Property, Thom Tillis, has sent a letter to the Internet Archive, pointing out the many voluntary initiatives by authors, publishers, and libraries to expand access to copyrighted materials, and expressing concern that this be done within the law.
I am not aware of any measure under copyright law that permits a user of copyrighted works to unilaterally create an emergency copyright act. Indeed, I am deeply concerned that your "Library" is operating outside the boundaries of the copyright law that Congress has enacted and alone has the jurisdiction to amend.The letter ends by punting "discussion" until "some point when the global pandemic is behind us." So, basically, carry on and maybe at some point we'll talk.
In an early analysis of the use we are seeing what we expected: 90% of the books borrowed were published more than ten years ago, two-thirds were published during the twentieth century. The number of books being checked out and read is comparable to that of a town of about 30,000 people. Further, about 90% of people borrowing the book only looked at it for 30 minutes. These usage patterns suggest that perhaps that patrons may be using the checked-out book for fact checking or research, but we suspect a large number of people are browsing the book in a way similar to browsing library shelves.But this is hardly a compelling argument. Large numbers of these books are certainly still in copyright, and many are likely still "in print" and commercially available (in digital form as well as hardcopy). Just because a book was published more than ten years ago or prior to 2000 doesn't magically cause it to become so hard to find it must be digitized without permission in order to save it. "But they're older books" sidesteps, rather than addresses, the thorny copyright issues raised by the IA's unpermissioned scanning and digitizing.
Although there is no 2020 Wondermark calendar per se, observant Marksman Gary T. let me know that dedicated calendar fans can make a 2020 calendar at home with the aid of: • January–February: The 2014 Wondermark calendar • March–December: Either the 2009 or 2015 Wondermark calendar It’s Leap Day this year that throws things off. SO, […]
Last month marked the 46th anniversary of Roe v. Wade, the landmark Supreme Court decision that affirmed the constitutional right to safe, legal abortion. Almost fifty years later, despite near constant attacks on abortion access, and a largely anti-reproductive health SCOTUS and White House, Americans still overwhelmingly support the decision and an individual’s right to […]
If you’re ready for another race, welcome to “Racing to Rivendell” where we are following Frodo, Sam, Merry, Pippin, Aragorn, Arwen/Glorfindel, and Asfaloth (the horse who carried Frodo) as they race to outrun the Black Riders from Weathertop to Rivendell. (If you weren’t able to join us last week, you can still earn your Shire […]
Ever generous with his time and talent, Andy Serkis is hosting a #hobbithon of sorts and reading the entirety of The Hobbit for 12 hours – right now! In a message to his fans, Andy writes: So many of us are struggling in isolation during the lockdown. While times are tough, I want to take […]
A trooper stopping a car with a suspected "impaired driver" on a U.S. highway on Monday was bemused to find a 5-year-old in the driver's seat, the Utah Highway Patrol tweeted.
We’d like to hear from people about how you’re remembering the anniversary of the end of the Second World War in Europe
Friday 8 May will mark 75 years since the end of the Second World War in Europe. Before the coronavirus crisis, plans were made for street parties and parades, and even the first May bank holiday was moved for the occasion.
But with the UK still in lockdown, we’d like to hear how you will now be remembering the anniversary of VE day.
Continue reading...With disinformation connecting coronavirus to 5G masts, fortune cookies and eating bat soup, here are some of the worst examples of misinformation surrounding the pandemic
If there’s one thing we know about Covid-19, it is that the pandemic is incredibly infectious. At the same time, the volume of disinformation from doctored photos to false rumours and hoax videos spreading online has grown at a worrying pace.
In etymological terms, the word “viral” comes from the stem word “virus”. And the viral misinformation can be a danger in itself. Just think of the recent petrol bomb attacks on 5G phone masts because of a widely believed – but unfounded – link to coronavirus.
Continue reading...Televised broadcast includes extracts from Churchill’s historic victory speech
The Queen led tributes to the wartime generation on Friday night, recalling the “never give up, never despair” message of VE Day as the country marked the 75th anniversary of victory in Europe.
In a special broadcast, on a unique day of remembrance, reflection and celebration taking place during the coronavirus lockdown, she said: “Today it may seem hard that we cannot mark this special anniversary as we would wish. Instead we remember from our homes and our doorsteps.
Continue reading...