Brief of Amici Curiae Nine Library Organizations and 218 Librarians In Support of Defendant-Appellant Internet Archive

Abstract

CDL is based in copyright law and respects the rights of copyright holders by acquiring the works legally, while also broadening access to the books that library systems purchase to build their collections. CDL is a well-established practice in the library community. It is a programmatic tool that represents a reasonable, productive, and viable pathway for libraries to focus on their traditional and well-established role in providing access to their acquired collections. The district court’s finding that books loaned via CDL would replace the market for commercially licensed eBooks was flawed. Books loaned via CDL have distinct features and purposes and are not a substitute for commercially licensed eBooks. The district court also erred in its finding that the Internet Archive’s Open Libraries program is a “commercial activity” for purposes of fair use. Instead, a library is a non-profit organization that provides access to knowledge and cultural heritage, which is the distinctly non-commercial mission of all libraries.