The Internet Archive is currently facing yet another lawsuit related to its preservation projects. Sony Music Entertainment, Universal Music Group, and a few other music labels have recently filed a lawsuit against the nonprofit organization, accusing it of copyright infringement. The infringement in question involves the digitization, uploading, distribution, and transmission of pre-1972 sound recordings. The specific project targeted in the lawsuit is the Great 78 Project, which aims to preserve music recorded on 78rpm discs.
The music labels claim that the efforts of the Internet Archive constitute blatant infringement. They argue that the organization has unlawfully made available music by artists such as Frank Sinatra, Ella Fitzgerald, Billie Holiday, Miles Davis, and Louis Armstrong. The labels even provided examples of iconic recordings, including “White Christmas,” “Sing, Sing, Sing,” and “The Christmas Song,” which are available through the Great 78 Project.
The music labels argue that the songs preserved on the project’s website are already accessible through streaming and other music services, making them free from the risk of being lost or forgotten. However, the Internet Archive explains on the project portal that there is still research value in these artifacts and the usage evidence found in rare 78rpm discs and recordings.
The plaintiffs strongly disagree, asserting in their complaint that the activities of the Internet Archive go far beyond the limited purposes of preservation and research. They accuse the organization of unabashedly providing free and unlimited access to music for everyone, regardless of copyright. The labels are seeking statutory damages of up to $150,000 for each protected sound recording. With the listed recordings, this could amount to a staggering $372 million, according to Bloomberg.
In addition to this new lawsuit, the Internet Archive is also engaged in a legal battle with a group of US publishers led by Hachette Book Group over the National Emergency Library. The organization faced criticism from the publishers for lending out digitally scanned copies of books during the height of the pandemic, which they deemed as wilful mass copyright infringement. A federal judge ruled against the Internet Archive in that particular case, but the organization is planning to appeal the decision.
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