Open Library

Controlled digital lending (CDL) is a recently invented legal theory that allows libraries to justify the scanning (or obtaining of scans) of print books and e-lending those digital copies to users without obtaining authorization from the copyright owners. A position statement on CDL, along with an accompanying white paper, was issued by legal scholars, the culmination of several academic meetings on the subject. The statement and paper argue that it is fair use for libraries to scan or obtain scans of physical books that they own and loan those books through e-lending technologies, provided they apply certain restrictions akin to physical library loans, such as lending only one copy (either the digital copy or the physical copy) at a time and only for a defined loan period.

CDL’s threat to author incomes and the ebook market comes from two directions: 1) unauthorized scanning and e-lending of books that were previously published only in physical formats would usurp the market for creating new ebook versions; and 2) instead of purchasing library ebook licenses (which are more expensive than consumer editions for good reason), libraries would simply digitize the print book from their collection, depriving authors and publishers of important licensing income. Needless to say, if Internet Archive’s plans to expand Open Library broadly to all libraries are realized, it would eventually decimate the market for library ebooks, put a massive dent in the ebook market in general, and usurp authors’ rights to bring their older works back into the market.

Advocacy

The Authors Guild’s fight against the Internet Archive’s illegal scanning and distribution of copyrighted books goes back to 2017. Below are links to all of our statements, petitions, and letters:

• April 18, 2017: Turow Decries Internet Archive’s “Smash and Grab”
• January 18, 2018: An Update on Open Library
• January 9, 2019: Controlled Digital Lending Is Neither Controlled nor Legal
• February 13, 2019: Controlled Digital Lending: An Appeal to Librarians and Readers
• March 27, 2020: Internet Archive’s National Emergency Library Harms Authors
• March 31, 2020: Tell Internet Archive to Remove Your Books from the So-Called National Emergency Library
• April 3, 2020: Internet Archive’s National Emergency Library Is ILLEGAL. Here’s Why
• May 21, 2020: AG Sends Open Letter Demanding “National Emergency Library” Shut Down
• June 1, 2020: Authors Guild Affirms Support for Copyright Infringement Lawsuit Against Internet Archive Brought by Four Leading Book Publishers
• June 15, 2020: IA “National Emergency Library” Update
• September 24, 2020: Concerns Over Anti-Author Bias in ALI’s Copyright Restatement
• November 30, 2021: Opt Out of NZ Library and Internet Archive Book Scanning
• November 30, 2021: New Zealand Library Halts Donations to Internet Archive
• July 8, 2022: Authors Guild Stands with Publishers in Internet Archive Infringement Lawsuit
• August 15, 2022: Authors Guild, More Than Twenty Other Orgs Submit Brief in Open Library Lawsuit
• September 29, 2022: Joint Statement in Response to Fight for the Future’s Letter Falsely Claiming that the Lawsuit Against Internet Archive’s Open Library Harms Public Libraries
• March 21, 2023: Oral Arguments in Open Library Suit Show Legal Defects of Internet Archive’s Defense
• March 26, 2023: Authors Guild Celebrates Resounding Win in Internet Archive Infringement Lawsuit