Copyright

On Thursday, music labels sought to add nearly 500 more sound recordings to a lawsuit accusing the Internet Archive (IA) of mass copyright infringement through its Great 78 Project, which seeks to digitize all 3 million three-minute recordings published on 78 revolutions-per-minute (RPM) records from about 1898 to the 1950s.

If the labels' proposed second amended complaint is accepted by the court, damages sought in the case—which some already feared could financially ruin IA and shut it down for good—could increase to almost $700 million. (Initially, the labels sought about $400 million in damages.)

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The Great 78 lawsuit is clearly focused on sound recordings, with music publishers claiming IA's ambitions to preserve music history are a "smokescreen" to justify alleged infringement. They claimed that IA's project isn't fair use for educational purposes because the Great 78 Project's account on X (formerly Twitter) would announce recordings were available without sharing "historical facts associated with the recordings; it simply advertised that the recordings were freely available to download or stream and encouraged users to go and obtain them."

But David Seubert, who manages sound collections at the University of California, Santa Barbara library, told Ars that he frequently used the project as an archive and not just to listen to the recordings.

For Seubert, the videos that IA records of the 78 RPM albums capture more than audio of a certain era. Researchers like him want to look at the label, check out the copyright information, and note the catalogue numbers, he said.

"It has all this information there," Seubert said. "I don't even necessarily need to hear it," he continued, adding, "just seeing the physicality of it, it's like, 'Okay, now I know more about this record.'"

For more than two decades, I’ve been what some might call a hoarder but what I’ve more affectionately dubbed a “digital packrat.” Which is to say I mostly avoid streaming services, I don’t trust any company or cloud with my digital media, and I store everything as files on devices that I physically control. My mp3 collection has been going strong since the Limewire days, I keep high-quality rips of all my movies on a local media server, and my preferred reading device holds a large collection of DRM-free ebooks and PDFs—everything from esoteric philosophy texts and scientific journals to scans of lesbian lifestyle magazines from the 1980s.

Sure, there are websites where you can find some of this material, like the Internet Archive. But this archive is mine. It’s my own little Library of Alexandria, built from external hard drives, OCD, and a strong distrust of corporations. I know I’m not the only one who has gone to these lengths. Sometimes when I’m feeling gloomy, I imagine how when society falls apart, we packrats will be the only ones in our village with all six seasons of The Sopranos. At the rate we’re going, that might not be too far off.

Amazon is far from alone in this long-running trend towards eliminating digital ownership. For many people, digital distribution and streaming services have already practically ended the concept of owning and controlling your own media files. Spotify is now almost synonymous with music for some younger generations, having strip-mined the music industry from both ends by demonetizing more than 60% of the artists on its platform and pushing algorithmic slop while­ simultaneously raising subscription fees.

Of course, surrendering this control means being at the complete mercy of Amazon and other platforms to determine what we can watch, read, and listen to—and we’ve already seen that these services frequently remove content for all sorts of reasons. Last October, one year after the Israeli military began its campaign of genocide in Gaza, Netflix removed “Palestinian Stories,” a collection of 19 films featuring Palestinian filmmakers and characters, saying it declined to renew its distribution license. Amazon also once famously deleted copies of 1984 off of people’s Kindles. Fearing piracy, many software companies have moved from the days of “Don’t Copy That Floppy” to the cloud-based software-as-a-service model, which requires an internet connection and charges users monthly subscription fees to use apps like Photoshop. No matter how you look at it, digital platforms have put us on a path to losing control of any media that we can’t physically touch.

In a statement, Internet Archive director of library services Chris Freeland expressed disappointment “in today’s opinion about the Internet Archive’s digital lending of books that are available electronically elsewhere. We are reviewing the court’s opinion and will continue to defend the rights of libraries to own, lend, and preserve books.”

Dave Hansen, executive director of the Author’s Alliance, a nonprofit that often advocates for expanded digital access to books, also came out against the ruling. “Authors are researchers. Authors are readers,” he says. “IA’s digital library helps those authors create new works and supports their interests in seeing their works be read. This ruling may benefit the bottom line of the largest publishers and most prominent authors, but for most it will end up harming more than it will help.”

The Internet Archive’s legal woes are not over. In 2023, a group of music labels, including Universal Music Group and Sony, sued the archive in a copyright infringement case over a music digitization project. That case is still making its way through the courts. The damages could be up to $400 million, an amount that could pose an existential threat to the nonprofit.

A rep for Paramount told IndieWire: “As part of broader website changes across Paramount, we have introduced more streamlined versions of our sites, driving fans to Paramount+ to watch their favorite shows.”

For now though, many of these series are not currently available on Paramount+, such as “The Colbert Report” or “The Nightly Show.” Even “The Daily Show” has only two of the most recent seasons, encompassing 2024 and 2023, available, despite decades of the show’s history. “South Park” clips used to be hosted on Comedy Central’s website, but the only place to watch full episodes of those are via Max, not Paramount+.

The likely reason for this? Cost cutting. In a town hall this week, Paramount’s “Office of the CEO” including co-chiefs George Cheeks, Chris McCarthy, and Brian Robbins, expressed plans to save $500 million in order to stave off profit drops and one day make Paramount+ profitable.

A recent judgement on copyright in the Court of Appeal (20 November) heralds the end of UK museums charging fees to reproduce historic artworks. In fact, it suggests museums have been mis-selling “image licences” for over a decade. For those of us who have been campaigning on the issue for years, it is the news we’ve been waiting for.

The judgement is important because it confirms that museums do not have valid copyright in photographs of (two-dimensional) works which are themselves out of copyright. It means these photographs are in the public domain, and free to use.