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Courts Are Coming for #DigitalLibraries

A federal court recently said the #InternetArchive is not protected by #FairUseDoctrine.

C.J. Ciaramella | From the December 2024 issue

"In September, a federal appeals court dealt a major blow to the Internet Archive—one of the largest online repositories of #FreeBooks, media, and software—in a #copyright case with significant implications for #publishers, #libraries, and #readers.

"The U.S. Court of Appeals for the 2nd Circuit upheld a lower court ruling that found the Internet Archive's huge, digitized lending library of copyrighted books was
not covered by the 'fair use' doctrine and infringed on the rights of publishers.

"Agreeing with the Archive's interpretation of fair use 'would significantly narrow—if not entirely eviscerate—copyright owners' exclusive right to prepare derivative works,' the 2nd Circuit ruled. 'Were we to approve [Internet Archive's] use of the works, there would be little reason for consumers or libraries to pay publishers for content they could access for free.'"

https://reason.com/2024/11/10/courts-are-coming-for-digital-libraries/

#OpenLibraries #Libraries #PublicDomain #DigitalArchives #WaybackMachine #ILoveInternetArchive #MemoryHole #VanishingCulture #CulturePreservation #DigitalPreservation #DigitalLibraries #CorporatePublishing #BigPublishing #PublishingMonopolies

Federal Courts Are Cracking Down on the Internet Archive

A federal court recently said the Internet Archive is not protected by fair use doctrine.

Reason.com

Federal Courts Are Cracking Down on the #InternetArchive

A federal court recently said the Internet Archive is not protected by fair use doctrine.

In September, a federal appeals court dealt a major blow to the Internet Archive—one of the largest online repositories of free #books , media, and software—in a #copyright case with significant implications for publishers, #libraries , and readers
#fairusedoctrine #fairuse

https://reason.com/2024/11/10/courts-are-coming-for-digital-libraries/

Federal Courts Are Cracking Down on the Internet Archive

A federal court recently said the Internet Archive is not protected by fair use doctrine.

Reason.com
Negativland/Maloney, Tim: Gimme the Mermaid, film, 2000/2002. More informations: Dreher, Thomas: History of Computer Art, chapter VI.3.4. Internet: http://iasl.uni-muenchen.de/links/GCA-VI.3e.html #timmaloney #negativland #thomasdreher #mediaactivism #copyright #copyrightindustry #illegalart #illegalartshow #fairuse #fairuseact #fairusedoctrine #fairusedoctrineartwork
IASLonline NetArt: History of Computer Art VI.3 Net Art in the Web

#scotus skroowed the pooch on this case. They missed a golden opportunity to rule that the Berne Copyright Convention is incompatible with the US Constitution, and that, as directed by the #constitution , #copyright in the US is currently unconstitutional and should expire after 28 years.

#Copyright was intended to last for a limited time, not to provide a continuing income stream for creators, and certainly not for the #heirs and #estates.

https://www.scotusblog.com/2023/05/justices-rule-against-andy-warhol-estate-in-copyright-dispute/

#copyrights #copyrightlaw #archivist #scotusblog #fairuse #fairuseweek #fairusedoctrine #publicdomain #PublicDomainDayCountdown #publicdomainday #publicdomainday #publicdomainday2023 #libraryofcongress

Justices rule against Andy Warhol estate in copyright dispute - SCOTUSblog

Thursday’s decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith provides a major statement in the role that copyright law plays in fostering artistic creativity, as the court upheld the claim of a famed celebrity photographer, Lynn Goldsmith, that the Andy Warhol estate infringed her

SCOTUSblog
@quincy @vwbusguy BTW, the TL;DR on #copilot is there are 2 ways to comply w/ #FOSS licensing: 1. Give attribution & all that’s required by the FOSS license; or 2. exploit the #fairUse doctrine. MS is clearly non-compliant w/most license texts b/c it does not give attribution. #Butterick also makes a case for how the #fairUseDoctrine is being violated.