Copyright & Trademark Cases To Watch In 2023

Monday, January 2, 2023

Hugh Marbury was quoted in Law360 discussing Hachette v. Internet Archive. Hachette, a major publisher, filed a lawsuit in 2020 accusing the Internet Archive of engaging in "willful digital piracy on an industrial scale" with its Open Library, where users can borrow e-books made by scanning physical books, with at least 1.3 million books already being distributed. Hugh said that this is the latest in controlled digital lending and that it is a "very important case for the future of our library system and builds upon Google Books," in reference to the Second Circuit's 2015 ruling that Google's project to digitize copyrighted books and create an online searchable database was covered by fair use. Hachette v. Internet Archive is "very early on in the process since it is still in [the Southern District of New York]", he noted. 

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