By Blake Brittain
Copyright reuters
CompaniesInternet ArchiveLatham & WatkinsSony Group Corp
Sept 15 (Reuters) – Universal Music Group (UMG.AS), opens new tab, Sony Music (6758.T), opens new tab and other record labels told a California federal court on Monday that they have settled a copyright lawsuit against the nonprofit Internet Archive over its digitization and streaming of vintage records.
The labels and the Internet Archive said in a filing, opens new tab that they had resolved their dispute and asked the court to pause the case “while the performance of certain settlement terms is pending.” Spokespeople for the Archive and the music-industry trade group Recording Industry Association of America said that the terms of the settlement were confidential.
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The San Francisco-based Internet Archive digitally archives websites, books, audio recordings and other materials. It compares itself to a library and says its mission is to “provide universal access to all knowledge.”
The nonprofit’s “Great 78 Project” encourages donations of fragile 78-rpm records, which will then be digitized to “ensure the survival of these cultural materials for future generations to study and enjoy,” according to its website.
The labels’ 2023 lawsuit said that the project functioned as an “illegal record store” for more than 4,000 songs by musicians including Frank Sinatra, Ella Fitzgerald, Miles Davis and Billie Holiday. The Archive denied the allegations and said the project was protected by the copyright doctrine of fair use.
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U.S. District Judge Maxine Chesney last year rejected the Archive’s argument that some of the labels’ claims were time-barred.
The Archive lost a separate federal lawsuit last year brought by leading book publishers who said its digital book-lending program violated their copyrights.
The case is UMG Recordings Inc v. Internet Archive, U.S. District Court for the Northern District of California, No. 3:23-cv-06522.
For the labels: Matthew Oppenheim and Corey Miller of Oppenheim + Zebrak, Noel Cook of Hanson Bridgett, Jacob Tracer of the Recording Industry Association of America
For the Internet Archive: Andrew Gass, Joseph Wetzel and Allison Stillman of Latham & Watkins
Music labels sue Internet Archive over digitized record collection
Internet Archive must face record label copyright claims, judge rules
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Reporting by Blake Brittain in Washington
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Blake BrittainThomson ReutersBlake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets, for Reuters Legal. He has previously written for Bloomberg Law and Thomson Reuters Practical Law and practiced as an attorney.