Judges for the Second Circuit Court of Appeals on Wednesday rejected the Internet Archive's argument that its controlled digital lending was a transformative fair use that worked like a traditional library.
IA's digital books serve the same exact purpose as the originals: making authors' works available to read. This ruling underscores that not every copyright instance is clear cut.
Maria Pallante, president of the Association of American Publishers, celebrated the ruling, affirming the rights of authors and publishers and emphasizing that copyright infringement is costly.
To construe IA's use of the Works as transformative would significantly narrow—if not entirely eviscerate—copyright owners' exclusive right to prepare derivative works.
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