Are your books being donated to Internet Archive?

3.11.21

The ASA is dismayed to learn that the National Library of New Zealand’s (NLNZ) donation of over 400,000 books to Internet Archive includes a number of Australian books, many of which are still in copyright. These include books by Helen Garner, Tom Keneally, Frank Moorhouse, Gerald Murnane, Sally Morgan, David Malouf, Colin Thiele, Mem Fox, Tim Winton and more.

Previously, we reported on the NLNZ decision to donate books from its Overseas Published Collections to the Internet Archive for digitisation. We have no objection to the sharing of any out-of-copyright works, for which permission is no longer necessary but for in-copyright works, we consider Internet Archive to facilitate copyright infringement as it scans physical books and then makes those digitised copies freely available for lending to users around the world, without permission from or payment to creators. 

This is in contrast to standard public library practices, under which publishers are paid a retail price for either a print book or ebook licence, a portion of which is on-paid to authors/illustrators. Internet Archive has been roundly condemned by international publishers and authors’ groups, and a copyright infringement lawsuit has been brought against them by US publishers Hachette, Penguin Random House, HarperCollins and John Wiley.

Last month we again wrote to the NLNZ to object to this decision, and to support the New Zealand Society of Author’s opposition to it. Alongside the Australian Publishers Association, we also requested that the NLNZ proactively seek permission from any rightsholders whose books will be donated to the Internet Archive for digitisation.

We were disappointed  to receive a response this week from the NLNZ indicating that, despite our criticisms, they are placing the onus on book creators and publishers to opt-out of the donation.

We urge you to check the list of books NLNZ is donating to Internet Archive, to see if your work is included, particularly your titles which may have been published pre-digitisation. Download the list from this webpage. If your books are included in the list you can choose to opt-out before the donation is made by following the instructions here. You have until 1 December 2021 to file your opt-out request.

We will update you with new developments as they arise, including the latest updates on Internet Archive’s court case. If you have any concerns or questions, contact us at comms@asauthors.org or during business hours on (02) 9211 1004.