Quote:
Originally Posted by Manabi
I simply decided to take the Internet Archive's offer at face value, since they're in the US too. They should know what they're doing, since they're not some small fly-by-night organization.  |
One thing to keep in mind about the Internet Archive is that while its rules are intended to ensure that IA isn't legally liable for copyright infringement, the rules aren't specifically crafted to keep infringement from happening. Much of the material in the archive is uploaded by "users", so as long as the IA responds to DMCA requests, it can claim a "safe harbor" defense against copyright infringement liability. The available material can still be infringing, but it isn't legally IA's infringment.
Additionally, the Internet Archive seems to have a much broader idea of what constitutes "fair use" than many rights holders. Rights holders have thus far been reluctant to sue, though, so no court has tested the limits of IA fair use. IA has again avoided liability (even if only temporarily), but it is possible (or even likely) that some of IA's actions would be considered infringing if brought before a court.
The short of it is that if I find something on the Internet Archive, I assume that it infringes someone's copyright
unless I find a clear statement of permission from the rights holder (like
this book, for example) or it's clear to me that the work is in the public domain.