In a recent ruling, a California federal court delivered a blow to the Internet Archive’s attempt to dismiss a portion of a copyright lawsuit lodged against it by major record labels such as Universal Music Group (UMG.AS) and Sony Music (6758.T). The lawsuit revolves around the Archive’s initiative to digitize and stream vintage vinyl records.
Judge Maxine Chesney, presiding over the case, rebuffed the Archive’s contention that the labels’ claims regarding thousands of records were time-barred. However, she indicated that the nonprofit could revisit this defense at a later stage of the proceedings.
Neither the representatives of the labels nor those of the Archive responded immediately to requests for comment following the court’s decision.
Based in San Francisco, the Internet Archive is renowned for digitally archiving a wide array of materials, including websites, books, and audio recordings, among others. It positions itself akin to a library, with a stated mission to facilitate universal access to knowledge. Notably, the Archive is embroiled in another legal battle with prominent book publishers who allege copyright infringement related to its digital book-lending program.
One of the Archive’s projects, the “Great 78 Project,” aims to preserve and share fragile 78-rpm records by digitizing them, thereby safeguarding these cultural artifacts for future generations.
The labels’ lawsuit, initially filed in Manhattan federal court before being transferred to San Francisco, characterizes the Great 78 Project as an illicit avenue for distributing songs by legendary artists like Frank Sinatra, Ella Fitzgerald, Miles Davis, and Billie Holiday. An amended complaint, submitted in March, identified over 4,000 sound-recording copyrights purportedly infringed upon by the Archive.
In January, the Archive sought partial dismissal of the case, citing a three-year statute of limitations predicated on a cease-and-desist letter issued in July 2020—three years and one month prior to the court complaint in August 2023. However, Judge Chesney dismissed this argument, reasoning that the letter failed to specify any particular sound recording implicated in the case.
The lawsuit is captioned as UMG Recordings Inc v. Internet Archive and is being adjudicated in the U.S. District Court for the Northern District of California under case number 3:23-cv-06522.