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ARTICLE · 05 JUNE 2025

Balancing Copyright And Access: The Internet Archive Case And The Implications For Fair Use In Digital Lending

Khurana & Khurana, Advocates and IP Attorneys
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Introduction: The Dual Approach of Copyright Laws The Copyright laws take a dual approach in balancing the equilibrium of interest between creators and public interest, considering the user needs of copyrighted material while enhancing the reconciliation between two parallel goals.

IndiaIntellectual Property

Introduction: The Dual Approach of Copyright Laws

The Copyright laws take a dual approach inbalancing the equilibrium of interest between creators and public interest, considering the user needs of copyrighted material while enhancing the reconciliation between two parallel goals. However, their interests are often in contradiction. The arguments put forth by the parties in Hachette Book Group, Inc. and others v. Internet Archive highlight the conflicting interests, allowing readers across the world to delve into the dichotomy of fair use of copyrighted works and ensuring theAuthor's rights. The internet archive, thriving on the motto of providing 'universal access to all knowledge,' conceded to the judgment delivered by Second Circuit and decided to remove books from lending, leading to the digital lending unavailability of more than 500,000 books, creating an upheaval to readers and researchers at large.

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