Hachette v. Internet Archive

Despite significant effort in developing CDL’s legal principles and practical application, a major challenge to its broader adoption was the fact that the practice had not yet been tested in the courts. That changed at the onset of the COVID-19 pandemic and the beginning of the Hachette v. Internet Archive legal saga in the United States.

 

Timeline of Hachette v. Internet Archive Litigation

March 2020: Internet Archive (IA) launched the National Emergency Library (NEL) to support continued scholarship and intellectual inquiry during the closure of libraries and educational institutions during the early part of the COVID-19 pandemic. During the NEL’s tenure, digital waitlists were eliminated and users had access to a number of digitized print books for free. 

June 2020: Hachette Book Group and other publishers sued IA to shutter not only the NEL, but the organization's broad use of controlled digital lending. 

March 2023: Oral arguments were held for the case. A federal district court ruled in favor of the publishers, finding that IA’s activities were not protected by fair use. IA ultimately decided to pursue an appeal. 

June 2024: Oral arguments were held for the appeal.

September 2024: IA lost in the U.S. Court of Appeals for the Second Circuit, which upheld the lower court’s ruling. 

December 2024: IA decided to forego appealing the case to the Supreme Court. 

 

Key Legal Documents & Court Proceedings

While the Digital Lending Toolkit does not provide in-depth legal analysis or legal advice, the resources below track the case as it moved through the courts. 

🌐 📜 Full Hachette v. Internet Archive Court Document Docket, Court Listener

📜 Initial Complaint, Hachette v. Internet Archive - filed June 1, 2020

▶️ District Court Oral Arguments, Hachette v. Internet Archive - March 2023

📜 Summary Judgement, Hachette v. Internet Archive - released March 2023

🌐 📜 Friend of the Court Briefs Filed in Internet Archive’s Appeal - December 2023

▶️ Second Circuit Oral Arguments, Hachette v. Internet Archive Appeal - June 2024

📜 Appeals Judgement, Hachette v. Internet Archive - released September 4, 2024

🌐 End of Hachette v. Internet Archive, Internet Archive - December 4, 2024

 

In reviewing these resources, it is important to note that IA’s approach to CDL does not mirror all of the potential use cases for this form of digital lending. To learn more about the various models of CDL, check out the next section of the toolkit: Models for CDL.