ARTFEED — Contemporary Art Intelligence

Internet Archive Loses Copyright Appeal, Removes 500,000 Books Including Banned Titles

opinion-review · 2026-04-20

In a copyright lawsuit, the Second Circuit Court of Appeals ruled against the Internet Archive, favoring publishers Hachette, HarperCollins, Penguin Random House, and Wiley. As a result, more than 500,000 books were removed from the Open Library, which included over 1,300 titles that had been banned. This legal action commenced in June 2020, contesting the Internet Archive's National Emergency Library initiative that provided unrestricted access to digitized books during the COVID-19 pandemic. While publishers argued that free digital lending negatively affected sales, research indicated no adverse effects. The ruling poses a risk to wider access, with potential lawsuits from Universal Music Group and Sony Music Entertainment threatening the Internet Archive. Generative AI firms like OpenAI are obtaining licenses from various publishers.

Key facts

  • Second Circuit Court of Appeals ruled against Internet Archive
  • Over 500,000 books removed from Open Library
  • 1,300+ banned or challenged books in US affected
  • Publishers Hachette, HarperCollins, Penguin Random House, Wiley filed lawsuit June 2020
  • National Emergency Library launched March 2020 during COVID-19
  • Internet Archive uses Controlled Digital Lending system
  • Electronic Frontier Foundation defended Internet Archive
  • Authors Alliance supported digital lending for authors

Entities

Artists

  • George Orwell
  • Ray Bradbury
  • Michelle Santiago Cortés

Institutions

  • Internet Archive
  • Second Circuit Court of Appeals
  • Electronic Frontier Foundation
  • Hachette
  • HarperCollins
  • Penguin Random House
  • Wiley
  • Association of American Publishers
  • Authors Alliance
  • Universal Music Group
  • Sony Music Entertainment
  • OpenAI
  • Vox
  • The Atlantic
  • Reddit
  • Financial Times
  • Dotdash Meredith
  • News Corp
  • Google
  • Wired
  • ArtReview

Locations

  • United States
  • Puerto Rico

Sources