The Internet Archive and The National Emergency Library: Copyright Law and the Coronavirus COVID-19

Creative Commons Summit 2020 Tuesday, 20 October 2020

Abstract

The Internet Archive established the National Emergency Library to provide for access to knowledge for those who were unable to access their usual libraries, schools, and educational institutions. In response, four large publishers have brought a copyright lawsuit against the Internet Archive, alleging both direct copyright infringement, as well as secondary copyright infringement. The Author’s Guild has supported this action. The litigation raises a range of issues in respect of copyright infringement, the defence of fair use, library exceptions, digital lending, and intermediary liability.