Second Circuit Says Libraries Disincentivize Authors To Write Books By Lending Them For Free

"What would you think if an author told you they would have written a book, but they wouldn’t bother because it would be available to be borrowed for free from a library? You’d probably think they were delusional. Yet that argument has now carried the day in putting a knife into the back of the extremely useful Open Library from the Internet Archive.

The Second Circuit has upheld the lower court ruling and found that the Internet Archive’s Open Library is not fair use and therefore infringes on the copyright of publishers (we had filed an amicus brief in support of the Archive asking them to remember the fundamental purpose of copyright law and the First Amendment, which the Court ignored).

Even though this outcome was always a strong possibility, the final ruling is just incredibly damaging, especially in that it suggests that all libraries are bad for authors and cause them to no longer want to write. I only wish I were joking. Towards the end of the ruling (as we’ll get to below) it says that while having freely lent out books may help the public in the “short-term” the “long-term” consequences would be that “there would be little motivation to produce new works.” ..."