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Society & Culture
Virtual Legality Episode 239

Lawsuit! Are Digital Libraries Actually Copyright Pirates?

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1y Jun 3, 2020
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Internet Archive's effort to provide unlimited copies of more than 1.3 million digital books to the world in their "National Emergency Library" project may seem a boon...but is it legal under the US Copyright Act?

Four major book publishers sure don't think so (and we tend to agree).

All the fancy formatting in the world can't change the law...in Virtual Legality.

#Lawsuit #Ebooks #Copyright


Discussed in this episode:

"Position Statement on Controlled Digital Lending"
Controlled Digital Lending Website - Updated September 2018
https://controlleddigitallending.org/statement

"Exclusive rights in copyrighted works"
17 USC 106
https://www.law.cornell.edu/uscode/text/17/106

"Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord"
17 USC 109
https://www.law.cornell.edu/uscode/text/17/109

"Limitations on exclusive rights: Fair use"
17 USC 107
https://www.law.cornell.edu/uscode/text/17/107

"Appeal from the victims of Controlled Digital Lending (CDL)"
National Writers Union Webpage
https://nwu.org/book-division/cdl/appeal/

"Announcing a National Emergency Library to Provide Digitized Books to Students and the Public"
Internet Archive Blogs - March 24, 2020
https://blog.archive.org/2020/03/24/announcing-a-national-emergency-library-to-provide-digitized-books-to-students-and-the-public/

"Book publishers sue Internet Archive for allegedly enabling piracy"
Engadget - June 1, 2020 - Christine Fisher
https://www.engadget.com/internet-archive-publishers-lawsuit-open-library-193358101.html

Hachette Book Group et al v Internet Archive
Complaint SDNY - June 1, 2020
https://torrentfreak.com/images/1-20-cv-04160-Hachette-Book-Group-Inc-v-Internet-Archive-complaint-200601.pdf


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.


Blog: hoeglaw.wordpress.com

PODCAST VERSIONS ALSO AVAILABLE

Table of Contents

Timecode Title
0:00 Introduction
0:30 Controlled Digital Lending (CDL)
4:40 First Sale Analysis
7:10 Fair Use Analysis
10:58 Enter the National Emergency Library
12:38 LAWSUIT!
14:40 Lawsuit - Initial Claims
20:50 Lawsuit - Background
29:43 Lawsuit - CDL Analysis
39:24 Conclusion

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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