Internet Archive Settles Major Copyright Lawsuit with Sony, Universal & Music Labels

Sony and other music labels settle copyright lawsuit against the Internet Archive

Big news in the world of digital preservation and copyright! Sony Music Entertainment, Universal Music Group, and several other major music labels have reached a confidential settlement with the Internet Archive, bringing an end to their copyright lawsuit.

The legal battle, which began in 2023, centered around the Internet Archive’s ambitious “Great 78 Project.” This initiative sought to preserve and digitize historic 78 rpm shellac records, aiming to make a vast catalog of early recorded music accessible to future generations. While the exact details of the agreement remain under wraps – both parties have confirmed they won’t be making them public – a joint filing has been made to dismiss the lawsuit within the next 45 days. The Internet Archive also stated there would be “no further public comment on this matter.”

The lawsuit specifically targeted thousands of recordings, initially focusing on 2,749 tracks by legendary artists such as Frank Sinatra, Ella Fitzgerald, Billie Holiday, Miles Davis, and Louis Armstrong. Iconic songs like “White Christmas,” “Sing, Sing, Sing,” and “The Christmas Song” were among those digitized and made available by the Great 78 Project. Interestingly, the Internet Archive’s founder, Brewster Kahle, and the project’s recording engineer, George Blood, were among the last parties to agree to the settlement terms.

The music labels argued that these historic tracks were not in danger of being “lost, forgotten, or destroyed,” pointing out that many were already accessible through various commercial music services. They later expanded their complaint to include a total of 4,142 recordings. Had the case gone to trial and the court sided with the labels, the financial repercussions for the Internet Archive could have been severe, with potential damages reaching up to an astonishing $150,000 per recording.

This isn’t the first time the Internet Archive has faced a significant legal challenge over copyright. The organization previously lost a high-profile lawsuit brought by major book publishers, including Hachette Book Group. That case involved the “National Emergency Library” project, which made 1.4 million copyrighted e-books available during the pandemic when physical libraries were closed. Courts ultimately ruled that this project did not fall under fair use, a decision that was upheld on appeal.