The Writers’ Union of Canada (TWUC) is very pleased with a US court decision last Friday against San Francisco’s Internet Archive (IA). US District Judge John Koeltl granted summary judgement to four publishers who brought suit against IA in action claiming massive, intentional copyright infringement related to IA’s Open Library. The judgement was unequivocal. Internet Archive’s so-called “controlled digital lending” breaks copyright law, and is in no way a legitimate library practice.
TWUC thanks Hachette Book Group, HarperCollins, Penguin Random House, and John Wiley & Sons, Inc. for taking action against IA in a matter that has trampled the rights of authors and their publishers. For years now, the Union has communicated with Open Library and IA concerning unauthorized scanning and lending of members’ books, and has advised members on takedown requests. We have been frustrated by IA’s lack of regard for our concerns, and their insistence on a formalized notification process that has mostly resulted in identified books remaining in or returning to the Open Library.
The Union is especially grateful for the work of our American colleague organizations, the Authors Guild (AG) and the National Writers Union (NWU), who have represented global author concerns to the US-based Internet Archive for years. TWUC is proud to have contributed work and financial support to the AG’s amicus brief in this legal action, a joint statement made by an international collection of writer organizations representing hundreds of thousands of professional creators.
“We have said for years that the Internet Archive is not a real library, and that no legitimate library would act as they do,” insisted TWUC Chair, Rhea Tregebov. “It is wonderful to have the courts agree so thoroughly with our opinion, and to protect authors’ rights from such forceful disregard.”
The Writers’ Union of Canada (TWUC) is the national organization of professionally published writers. TWUC was founded in 1973 to work with governments, publishers, booksellers, and readers to improve the conditions of Canadian writers. Now over 2,600 members strong, TWUC advocates on behalf of writers’ collective interests, and delivers value to members through advocacy, community, and information. TWUC believes in a thriving, diverse Canadian culture that values and supports writers.
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For additional information:
John Degen, Chief Executive Officer
The Writers’ Union of Canada
jdegen@writersunion.ca
Date: March 27, 2023
