Copyright Alliance Statement in Support of Publishers as They Prevail in Summary Judgment Against Internet Archive

March 27, 2023

Contact: Eileen Bramlet

Washington, DC—On Friday, March 24, the U.S. District Court in the Southern District of New York granted summary judgment in favor of the publishers in AAP’s suit against the Internet Archive (IA) on behalf of numerous publisher members—including Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House—and rejected the summary judgment request by the Internet Archive. Below is a statement in support of AAP and its members by Copyright Alliance CEO Keith Kupferschmid:

“For too long, Internet Archive has scanned and distributed published works while refusing to abide by the traditional contours of copyright law, leading to a suit by AAP on behalf of numerous publisher members. So, we were unsurprised that, on March 24, the Court rejected arguments by IA that would have pushed fair use boundaries well past their limits under the Copyright Act, while also underscoring the importance of the rights of authors, publishers, and all members of the creative industries who rely upon copyright to create works and earn a living.

“Our statement today also fully supports and thanks libraries across the country, which continue to do outstanding work and should not be confused with IA’s Open Library and National Emergency Library, which are vastly different both in substance and in principle.”



The Copyright Alliance is a non-profit, non-partisan public interest and educational organization representing the copyright interests of over two million individual creators and over 15,000 organizations in the United States, across the spectrum of copyright disciplines. The Copyright Alliance is dedicated to advocating policies that promote and preserve the value of copyright, and to protecting the rights of creators and innovators. For more information, please visit our website.