Music industry titans Sony Music Entertainment and Universal Music Group, alongside other prominent record labels, have launched a resounding legal battle against the Internet Archive.
The nonprofit organization, known for its preservation efforts, is facing allegations of copyright infringement over its digitization and distribution of pre-1972 sound recordings.
The Great 78 Project
We learn from a Reuters report that this high-stakes lawsuit is centered around the "Great 78 Project," an initiative that seeks to safeguard musical treasures recorded on 78rpm discs that now allegedly function as an "illegal record store."
The crux of the matter lies in whether the Internet Archive's mission to provide universal access to knowledge collides with the copyright rights held by the music labels. The labels have unequivocally labeled the Archive's actions as "blatant infringement."
Engadget reports that they assert that the Archive has not only digitized but also willfully uploaded, distributed, and transmitted copyrighted content from artists such as the iconic Frank Sinatra, Ella Fitzgerald, Billie Holiday, Miles Davis, and Louis Armstrong.
Pointing to examples that include classics like "White Christmas," "Sing, Sing, Sing," and "The Christmas Song," the labels contend that these recordings are readily available through authorized streaming platforms and other music services.
Therefore, they argue, the recordings face no risk of being forgotten or destroyed. However, the Internet Archive counters this assertion by highlighting the research value embedded in the often rare 78rpm discs and recordings, even as these tracks may already be accessible elsewhere.
The Lawsuit
The legal battle's gravity is underscored by the labels' demand for statutory damages reaching up to $150,000 per protected sound recording, Bloomberg reports.
With a potentially staggering total of $372 million for the listed recordings, the implications of this case extend beyond immediate legalities.
The labels' lawsuit, filed in a federal court in Manhattan, outlines a roster of 2,749 sound-recording copyrights they allege the Internet Archive has infringed.
The Internet Archive
The Internet Archive, based in San Francisco, has positioned itself as a digital library with a mission to provide universal access to knowledge.
While it views its endeavors as akin to preserving cultural heritage, critics contend that its initiatives often violate copyright.
This is not the Archive's first legal tussle, as it has already been embroiled in a separate lawsuit with major book publishers over its digital-book lending program. Earlier this year, a ruling in favor of the publishers spurred the Archive to plan an appeal.
What's In the News
At the heart of the matter is the Great 78 Project, which beckons donors to contribute 78-rpm records to be digitized. The project's scope, which includes over 400,000 recordings, aims to ensure the survival of these cultural gems for future generations.
The labels argue that the Archive's role extends beyond preservation and research, accusing it of offering free, unrestricted access to copyrighted music that rightfully belongs to them.
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