The U.S. Court of Appeals for the Second Circuit today affirmed a district court judgment that granted a group of book publishers’ motion for summary judgment that the Internet Archive (IA) infringed their copyright in 127 books via IA’s “Free Digital Library.” As predicted by author Devlin Hartline in a February article for IPWatchdog, the Second Circuit agreed with the publishers—Hachette Book Group, Inc; Harper Collins Publishers LLC; John Wiley & Sons, Inc.; and Penguin Random House LLC— that it is not a fair use for IA to scan copyright-protected print books and distribute them for free without permission from the publishers or authors.
Recent Posts
- Five Tactics to Improve PTAB Appeal Results for Your Clients
- IP News: Barks & Bites for Friday, March 14 | IPWatchdog
- CAFC: Prior Art Requires Written Support for Jepson Claim
- The Return of a Mandate on Patent Infringement Precludes Further Consideration of Issues Actually Decided
- CAFC Affirms TTAB Ruling that FIREBALL is Not Generic but Competitor’s Mark Won’t Confuse