Tag Archives: fair use

A Win for Fair Use Is a Win for Libraries

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A recent legal decision has reaffirmed the power of fair use in the digital age, and it’s a big win for libraries and the future of public access to knowledge.

On June 24, 2025, Judge William Alsup of the United States District Court for the Northern District of California ruled in favor of Anthropic, finding that the company’s use of purchased copyrighted books to train its AI model qualified as fair use. While the case centered on emerging AI technologies, the implications of the ruling reach much further—especially for institutions like libraries that depend on fair use to preserve and provide access to information.

What the Decision Says

In the case, publishers claimed that Anthropic infringed copyright by including copyrighted books in its AI training dataset. Some of those books were acquired in physical form and then digitized by Anthropic to make them usable for machine learning.

The court sided with Anthropic on this point, holding that the company’s “format-change from print library copies to digital library copies was transformative under fair use factor one” and therefore constituted fair use. It also ruled that using those digitized copies to train an AI model was a transformative use, again qualifying as fair use under U.S. law.

This part of the ruling strongly echoes previous landmark decisions, especially Authors Guild v. Google, which upheld the legality of digitizing books for search and analysis. The court explicitly cited the Google Books case as supporting precedent.

While we believe the ruling is headed in the right direction—recognizing both format shifting and transformative use—the court factored in destruction of the original physical books as part of the digitization process, a limitation we believe could be harmful if broadly applied to libraries and archives.

What It Means for Libraries

Libraries rely on fair use every day. Whether it’s digitizing books, archiving websites, or preserving at-risk digital content, fair use enables libraries to fulfill our public service missions in the digital age: making knowledge available, searchable, and accessible for current and future generations.

This decision reinforces the idea that copying for non-commercial, transformative purposes—like making a book searchable, training an AI, or preserving web pages—can be lawful under fair use. That legal protection is essential to modern librarianship.

In fact, the court’s analysis strengthens the legal groundwork that libraries have relied on for years. As with the Google Books decision, it affirms that digitization for research, discovery, and technological advancement can align with copyright law, not violate it.

Looking Ahead

This ruling is an important step forward for libraries. It reaffirms that fair use continues to adapt alongside new technologies, and that the law can recognize public interest in access, preservation, and innovation.

As we navigate a rapidly changing technological landscape, it’s more important than ever to defend fair use and support the institutions that bring knowledge to the public. Libraries are essential infrastructure for an informed society, and legal precedents like this help ensure they can continue their vital work in the digital age.

Protect Fair Use, Especially Now

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Brewster Kahle testifying to Congress as part of the Copyright Office Modernization Committee, September 28, 2023.

Fair use, the flexible aspect of U.S. copyright law, enables libraries to fulfill their public mission of providing access to knowledge, preserving culture, and supporting education and research.

Fair use empowers libraries, the web, news reporting and more. Digital learners depend on it. Journalists depend on it. Creators depend on it.  Every person interacting with content on and offline depends on it. 

In the current turmoil surrounding the Copyright Office, we must not lose sight of the importance of fair use. Recent writings about generative AI could substantially undermine fair use across a much broader spectrum, harming many, including libraries and the communities they serve.

I have served on the Copyright Office Modernization Committee because I want to try to help us all move forward in a constructive way. I hope that as we move forward, we are mindful of the long-term impact and avoid causing damage that extends far beyond today’s debates. 

Libraries and readers need the same rights online as offline. We need fair use to play its role to protect those rights.

Fair Use in Action at the Internet Archive

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As we celebrate Fair Use/Fair Dealing Week, we are reminded of all the ways these flexible copyright exceptions enable libraries to preserve materials and meet the needs of the communities they serve. Indeed, fair use is essential to the functioning of libraries, and underlies many of the ordinary library practices that we all take for granted. In this blog post, we wanted to describe a few of the ways the fair use doctrine has helped us build our library.

Fair use in action: Web Archives and the Wayback Machine

The Internet Archive has been archiving the web since the mid-1990’s. Our web collection now includes more than 850 billion web pages, with hundreds of millions added each day. The Wayback Machine is a free service that lets people visit these archived websites. Users can type in a URL, select a date range, and then begin surfing on an archived version of the web. 

Web archives are used for a variety of important purposes, many of which are themselves fair uses. News reporting and investigative journalism is one such use of the Wayback Machine. Indeed, thousands of news articles have relied upon historical versions of the web from the Wayback Machine. Just last week, 13 links to the Wayback Machine were used in a CNN story about an Ohio GOP Senate candidate’s previous statements that were critical of former President Trump. Our web archive also becomes an urgent backup for media sites that are shut down suddenly, whether by authoritarian governments or for other reasons, often becoming the only accessible source both for the authors of these stories and for the public. Another important purpose web archives can serve is as evidence in legal disputes. Attorneys use the Wayback Machine in their daily practice for evidentiary and research purposes. In 2023 alone, the Internet Archive attested to 450 affidavits in cases where Wayback Machine captures were used as evidence in court. 

The Wayback Machine also makes other parts of the web, such as Wikipedia, more useful and reliable. To date, the Internet Archive has been able to repair over 19 million broken links, URLs, that had returned a 404 (Page Not Found) error message, from 320 different Wikipedia language editions. There are many reasons, including bit rot and content drift, why links stop working. Restoring links ensures that Wikipedia remains an accurate and verifiable source of information for the public good. And we hope to build new tools and partnerships to help create a more dependable knowledge ecosystem as more and more content on the web is created by generative AI.

The Fair Use doctrine is broadly considered to be what makes web archiving possible. Without it, much of our knowledge and cultural heritage–huge amounts of which are now artifacts in digital form–would be at risk. In today’s chaotic information ecosystem, safeguarding this material in an open, accessible, and transparent way is vital for history and vital for democracy. 

Fair use in action: Manuals collection

Whether you are an individual who has rendered an appliance useless because you lost the instructions, or a professional mechanic looking to fix an old vehicle, owners’ manuals are invaluable. As the right to repair movement has amply demonstrated, copyright should not stand as an obstacle to using machines you’ve bought and paid for. This is a place where fair use can shine.

Over the years, the Internet Archive has received manuals, instruction sheets and informational pamphlets of all kinds. The Manuals collection has well over a million items—or users to access 24/7 at no cost. This resource gives people the right to repair and extend the life of their products. Whether you are a rocket scientist needing to operate your space shuttle, a mechanic who needs to repair a vintage VW Bug, or a curious kid trying to fix up your mom’s old computer, having free online access to the technical documentation you need is essential. And in many cases, there would appear to be no other way to get access to this crucial information.

Some preserved manuals are a single printed page with poorly constructed diagrams. Others are multi-volume tomes that give exacting details on operation of a complex piece of machinery. These materials are more than instructions or a list of components. They reflect the priorities and approaches that companies and individuals take with products, as well as the artistic and visual efforts to make an item clear to the reader.

This collection is a cool example of how fair use provides a framework for the Internet Archive to share critical knowledge with consumers. At the same time, it provides a historical timeline of sorts for innovation and the development of technology.

From preserving our digital history to providing access to manuals of obsolete devices, fair use helps libraries like ours serve our community. And while there are no doubt a variety of commercial projects that properly rely on fair use, fair use is at heart about the public good. As we celebrate Fair Use week, we should remember the crucial role it plays, and ensure that we preserve and protect fair use for the good of future generations. For more on events and news on Fair Use/Fair Dealing Week, visit FairUseWeek.org.