Industry & Advocacy News

Update: How to Tell Internet Archive to Remove Your Books

The court’s decision in the Open Library lawsuit made it clear that making full-text copyrighted books available for free without permission is copyright infringement. Here's how any author can demand the Internet Archive take down any titles that are still on its website.

Open Library

September 6, 2024

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Update, September 6, 2024: A federal appeals court has ruled that the Internet Archive’s practice of scanning and lending out digital copies of books violates copyright laws. This decision, made on September 4, 2024, upholds an earlier court ruling against the digital library. The case began when several major publishers sued the Internet Archive, arguing that its book-scanning project infringed on their copyrights.

As a result, the Internet Archive is prohibited from making available digital copies of books from Hachette, HarperCollins, John Wiley & Sons, and Penguin Random House if these books are already available as e-books. Furthermore, the Internet Archive has agreed not to distribute books from any members of the Association of American Publishers (AAP). This decision is seen as a victory for publishers and authors who claimed the Internet Archive’s practice was undermining their ability to control and profit from their work. You can read more about the decision and the Guild’s statement here.

What This Means for Authors

There are several things authors can do to request that their work be removed from the archive.

1. If your book was published by Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, Penguin Random House, or any other member publisher of the AAP and your book is available on Internet Archive, write to your publisher. If the book is covered by the settlement terms, the publisher will get it taken down or inform you of the course of action.
2. Even if your book was not published by one of the four publishers or an AAP member publisher, you can still get it removed by sending the Internet Archive a takedown notice as described below. While the Internet Archive is not under a contractual obligation to remove these books, they have been compliant with takedown notices from authors and publishers that were not party to the publishers’ lawsuit. Not complying with the takedowns could also create further legal jeopardy for the Internet Archive.

Note, however, that takedowns are not effective against books for people with disabilities, which Internet Archive makes available under a special provision of the Copyright Act. These books cannot be accessed without a special “key” from the Library of Congress’ National Library Service. 

If you have any questions about the case, the settlement agreements, or your books’ availability in the Internet Archive’s Open Library, please write to us at staff@authorsguild.org.

September 8, 2023: In March, four major publishers scored a resounding victory in their copyright lawsuit against Internet Archive and its so-called Open Library program. The court decisively ruled that Internet Archive’s practice of scanning books and making them freely available on its website is copyright infringement and does not constitute fair use. While the Authors Guild was not a party to the lawsuit, we supported the publishers throughout the litigation and welcomed the court’s clear rejection of Internet Archive’s “Controlled Digital Lending” theory.

Following the decision, the court directed the parties to propose specific steps that Internet Archive must take to remedy its infringement. The parties agreed, in a proposed consent judgment, that Internet Archive should be subject to a permanent court-ordered injunction barring it from making the publishers’ books available online. We have heard from some authors who are concerned that the injunction is limited to books in which the four publisher plaintiffs hold copyrights and does not cover books whose copyrights are owned by the author or a smaller publisher. Unfortunately, this case was not a class action, and therefore only the actual parties in the case can be bound by the court’s order. We were surprised and disappointed, however, that the court adopted Internet Archive’s proposal to limit the injunction to books that the publishers have made available in electronic form. As we explained, limiting the injunction in this way fails to recognize that the author has the right to decide in what formats they wish to make their books available, and that the market for a print book can be harmed by an unauthorized electronic edition as easily as the market for an ebook can.

But regardless of the scope of the injunction, the court’s decision on the main legal issue remains in place: Making full-text copyrighted books available for free on the open internet without permission is copyright infringement. That is just as true for books owned by self-published authors and micro publishers as it is for the books owned by the publishers in this case.

We therefore expect Internet Archive to comply with demands by authors who hold copyrights in their books (e.g., self-published authors and where rights are reverted) to take down any titles that are still on its website.

How to Send Internet Archive a Demand Letter

If you have a book that remains available for reading on Open Library and wish to have it taken down, we suggest that you send Internet Archive a notice demanding that it remove your books from Open Library—listing out each title. Here are some instructions on how you can do so:

1. Check https://archive.org/details/openlibrary and see if copies of your books are available for e-lending and download without authorization.
2. Send an email to Internet Archive at info@archive.org. To be on the safe side, it is best to include all of the information that Internet Archive requires under its copyright policy for DMCA takedown notices (which applies to third party posted content whereas here Internet Archive posted the books themselves) so that Internet Archive can’t complain that it does not have sufficient information to comply. This includes:
   1. An exact description of where the material about which you complain is located within the Internet Archive collections (i.e., the URL);
   2. Your address, telephone number, and email address;
   3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
   4. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; and
   5. Your electronic or physical signature.

Form Demand Letter

Dear Internet Archive,

I am the author and copyright owner of the book(s) noted below.

It has come to my attention that, without permission from me, you are making my book(s) available to read and/or download on your website, https://archive.org/details/openlibrary. Pursuant to the judgment in Hachette Book Group, et. al. v. Internet Archive, et. al., use of copyrighted books without permission on Open Library under the theory of “Controlled Digital Lending” is copyright infringement.

Please remove my book(s) from Open Library.org, Internet Archive, and any other website(s) owned or controlled by you as soon as possible and provide me confirmation.

My book(s) is/are entitled: *[list all books made available for reading on or downloading from either site without permission].*

They are located at the following URLs on your site: *[provide URL for each book].*

My contact information is: *[insert address, telephone number, and email address].*

I attest under penalty of perjury, that I have a good faith belief that Internet Archive’s use of the material in the manner complained of is unauthorized by me, or any licensee or agent, or the law; and further that the information in this notification is accurate, and that I am the copyright owner.

Electronic signature: *[provide e-signature or type name]*

If Internet Archive fails to comply with such a notice, please contact the Guild at staff@authorsguild.org.