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A focus on copyright issues which may concern TCC faculty and staff -- including fair use, the TEACH Act, public domain and other copyright exceptions and issues. Nothing in this guide is to be construed as legal advice.

News Internet Archive’s Open Library Faces Uncertain Future After Court Sides With Publishers | KQED

by Amanda Ross on September 11th, 2024 | 0 Comments

As for legal next steps, the Archive has two pathways it may choose to take, according to Cara Gagliano, senior staff attorney for the Electronic Frontier Foundation, which is representing the Archive in court. They can either petition for a rehearing, or petition the U.S. Supreme Court to hear the case, an even more intense process, since the court only takes a handful of cases per year.

“We think the Internet Archive really was serving a transformative purpose and doing what libraries have always done: Loaning out books that they owned to one person at a time,” Gagliano said. “Our take is that it’s absurd that the Internet Archive is allowed to mail me a physical book it owns. The physical publishers can’t stop that. But [the Archive] can’t give me the same content in digital form.”

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