The motion for summary judgment, filed Thursday in the U.S. District Court for the Southern District of New York by the Electronic Frontier Foundation (EFF) and Durie Tangri LLP, explains that our Controlled Digital Lending (CDL) program is a lawful fair use that preserves traditional library lending in the digital world.
The brief explains how the Internet Archive is advancing the purposes of copyright law by furthering public access to knowledge and facilitating the creation of new creative and scholarly works.
The Internet Archive’s digital lending hasn’t cost the publishers one penny in revenues; in fact, concrete evidence shows that the Archive’s digital lending does not and will not harm the market for books.
The new rules for exemptions to copyright’s DRM-circumvention laws were issued today, and the Librarian of Congress has granted much of what EFF asked for over the course of months of extensive briefs and hearings. The exemptions we requested—ripping DVDs and Blurays for making fair use remixes and analysis; preserving video games and running multiplayer servers after publishers have abandoned them; jailbreaking cell phones, tablets, and other portable computing devices to run third party software; and security research and modification and repairs on cars—have each been accepted, subject to some important caveats.
Orphan Works – Over 150 librarians, archivists and other memory institution professionals have contributed to the development of this Statement of Best Practices in Fair Use of Collections Containing Orphan Works. Download this statement, which provides clear and easy to understand guidance for memory institutions that seek to provide digital preservation and access to collections containing copyrighted, orphan works under the doctrine of fair use.”