Sony Music Entertainment, Universal Music Group, and several other music labels have filed a lawsuit against the Internet Archive for copyright infringement. The nonprofit organization is accused of digitizing and distributing pre-1972 sound recordings without authorization. The labels specifically target the Internet Archive’s Great 78 Project, which aims to preserve music recorded on 78rpm discs.
According to the labels, the Internet Archive’s actions are a blatant infringement of copyright. They argue that the project includes music by renowned artists such as Frank Sinatra, Ella Fitzgerald, Billie Holiday, Miles Davis, and Louis Armstrong. The labels also cite examples of iconic recordings like White Christmas, Sing, Sing, Sing, and The Christmas Song, which are available through the Great 78 Project.
The music labels claim that the songs preserved on the project’s website are already accessible on streaming platforms and other music services, and therefore, there is no risk of them being lost or forgotten. However, the Internet Archive states that there is still research value in the rare 78rpm discs and recordings.
In their complaint, the plaintiffs argue that the Internet Archive goes beyond the limited purposes of preservation and research. They condemn the organization for providing free and unlimited access to copyrighted music. The labels are seeking up to $150,000 in statutory damages for each protected sound recording, amounting to a potential $372 million for the listed recordings.
This is not the only legal battle the Internet Archive is currently entangled in. The organization is also facing a lawsuit from a group of US publishers, led by Hachette Book Group, regarding the National Emergency Library. During the peak of the pandemic, the Internet Archive made digitally scanned copies of books available for lending through the program. The publishers accused the organization of willful mass copyright infringement. While a federal judge ruled against the Internet Archive in this case, the organization plans to appeal the decision.
