Archived version: https://archive.ph/ZGo6X

Universal Music Group (UMG.AS), Sony Music Entertainment (6758.T) and other record labels on Friday sued the nonprofit Internet Archive for copyright infringement over its streaming collection of digitized music from vintage records.

The labels’ lawsuit filed in a federal court in Manhattan said the Archive’s “Great 78 Project” functions as an “illegal record store” for songs by musicians including Frank Sinatra, Ella Fitzgerald, Miles Davis and Billie Holiday.

They named 2,749 sound-recording copyrights that the Archive allegedly infringed. The labels said their damages in the case could be as high as $412 million.

Representatives for the Internet Archive did not immediately respond to a request for comment on the complaint.

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 Internet Archive is already facing another federal lawsuit in Manhattan from leading book publishers who said its digital-book lending program launched in the pandemic violates their copyrights. A judge ruled for the publishers in March, in a decision that the Archive plans to appeal.

The Great 78 Project encourages donations of 78-rpm records – the dominant record format from the early 1900s until the 1950s – for the group to digitize to “ensure the survival of these cultural materials for future generations to study and enjoy.” Its website says the collection includes more than 400,000 recordings.

The labels’ lawsuit said the project includes thousands of their copyright-protected recordings, including Bing Crosby’s “White Christmas,” Chuck Berry’s “Roll Over Beethoven” and Duke Ellington’s “It Don’t Mean a Thing (If It Ain’t Got That Swing)”.

The lawsuit said the recordings are all available on authorized streaming services and “face no danger of being lost, forgotten, or destroyed.”

  • krolden
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    1192 years ago

    Frank Sinatra, Ella Fitzgerald, Miles Davis and Billie Holiday.

    all dead people

    • All musicians, sound engineers, even music execs at the time who made these records are dead or on death’s door.

      This is just greed and it doesn’t have to be like this.

    • 𝒍𝒆𝒎𝒂𝒏𝒏
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      282 years ago

      Songs of this vintage should be pirated out of principle IMO.

      The artist has made their money from it and lived a good life - no record label should be able to line their pockets with the profits of a dead person’s work from my perspective.

      • @blindsight@beehaw.org
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        32 years ago

        More than that, these need to be in the public domain. This is our shared cultural heritage being held hostage, and 99.9% of it doesn’t even earn anyone anything at all.

        Copyright should be 30 years. Long enough to extract any reasonable economic value from the work, but a time scale that gives balance to public benefit.

    • @azqual@feddit.nl
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      82 years ago

      Copyright is supposed to encourage the creation of more content… how exactly are these artists going to produce more content? LMAO

  • @valveman@lemmy.eco.br
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    1062 years ago

    Why can’t we have nice things? These people are literally just archiving and preserving old media, and if I recall correctly, they have strict rules of sharing these archived media.

    I kinda understand why they got sued by Wiley/HarperCollins due to breaking the rules of sharing unlimited copies of archived books, but this time it doesn’t look like it.

    Honestly, I hope Internet Archive survives all these lawsuits they’re dealing with

    • HubertManne
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      272 years ago

      Also there are so many ways to get music I doubt people would be flocking to the internet archive for it.

      • @valveman@lemmy.eco.br
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        192 years ago

        Yeah, it doesn’t add up. Why would one go to the restricted access distributor if they can get a lot more by pirating?

        • @ZzyzxRoad@lemm.ee
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          32 years ago

          I agree. I once forgot the book I was reading when I went on a trip, so I found it on internet archive for the time I was traveling. Reading a novel on there is just obnoxious, because they have short time limits for borrowing, which I forget if it’s an hour or half hour. Either way, it’s good for reference books, not so much for novels.

        • loathsome dongeater
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          02 years ago

          Well it would be a positive step forward if we could normalise sharing old shit like Frank Sinatra music without having to worry about drawing the ire of a publishing company exec about to buy his 10th yatch. Piracy is cool but it would be better to eliminate reasons which make piracy almost necessary in the first place.

    • fmstrat
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      12 years ago

      I don’t think the strict rules are true. Someone on Lemmy was asking about the legality of downloading music there because it was so easy to find. Maybe they are suing about the non-normalized versions that are not indexed as reserved.

    • @Comment105@lemm.ee
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      2 years ago

      It is in our democratic interest to vote against copyright law.

      So why do we choose to keep copyright law, at least in its current iteration?

      Are we really not interested in either abolishing or changing it? Is your brother, mother, uncle, grandfather, neighbor and colleague in favor of current copyright law?

      • linearchaos
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        172 years ago

        We’re not a democracy. the US government is 8 Million companies in a trenchcoat.

      • @ipkpjersi@lemmy.ml
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        42 years ago

        So why do we choose to keep copyright law, at least in its current iteration?

        Are we really not interested in either abolishing or changing it? Is your brother, mother, uncle, grandfather, neighbor and colleague in favor of current copyright law?

        They have less money to bribe the government with than large corporations do.

  • blazera
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    372 years ago

    Copyright law is just a way for rich people to complain about theoretical money loss over art they didnt make.

    • 𝒍𝒆𝒎𝒂𝒏𝒏
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      42 years ago

      “BuT mUh LoSt oPpOrTuNiTy CoSt”

      There will eventually be a tipping point for this IMO, just wait until something so egregious happens that it affects normal people.

      Or are people going to continue taking all of this and doing nothing…

  • @ode@discuss.tchncs.de
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    2 years ago
    The law locks up the man or woman
    Who steals the goose off the common
    But leaves the greater villain loose
    Who steals the common from the goose.
    
    The law demands that we atone
    When we take things we do not own
    But leaves the lords and ladies fine
    Who takes things that are yours and mine.
    
    The poor and wretched don’t escape
    If they conspire the law to break;
    This must be so but they endure
    Those who conspire to make the law.
    
    The law locks up the man or woman
    Who steals the goose from off the common
    And geese will still a common lack
    Till they go and steal it back.
    
    

    https://www.onthecommons.org/magazine/“stealing-common-goose”/

    • mPony
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      32 years ago

      If you have exactly the right flavour of British accent, “endure” and “law” almost rhyme.

  • @Landrin201@lemmy.ml
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    262 years ago

    I’ve said it many times: I think that copyright for all published art should extend for exactly one year after it’s publication then become public domain. For almost ALL media, the first year is the time in which it make over 90% of its money. If you haven’t turned a profit, or at least broken even, by then then you aren’t going to.

    After tjay I don’t see why you should be entitles to royalties from every sale, especially with our modern system of mass distribution.

    • @Unbeelievable@beehaw.org
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      2 years ago

      One year is way too short. IMO, twenty years would be perfect.

      And I’m not sure if that’s already a thing, but what enters the public domain has to be made freely accessible (de-DRMed, open-sourced…).

    • @beeng@discuss.tchncs.de
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      22 years ago

      Saw panel with somebody suggesting eg you set your price of art at a level, after which your art goes creative commons and you get paid.

    • @wizardbeard@lemmy.dbzer0.com
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      32 years ago

      They require too much funding for storage, contracting professional archivists, and retaining legal counsel to try and go anonymous and dark. There are other smaller groups filling those roles too (one of the datahoarder community’s mods runs an archival group that’s better protected in that way), and I’d imagine the overlap in contributors is not insignificant.

  • Jake Farm
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    122 years ago

    The US copywrite system is fucked beyond measure. They should realy be based out of a different country.

  • AutoTL;DRB
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    102 years ago

    This is the best summary I could come up with:


    The labels’ lawsuit filed in a federal court in Manhattan said the Archive’s “Great 78 Project” functions as an “illegal record store” for songs by musicians including Frank Sinatra, Ella Fitzgerald, Miles Davis and Billie Holiday.

    Representatives for the Internet Archive did not immediately respond to a request for comment on the complaint.

    The Internet Archive is already facing another federal lawsuit in Manhattan from leading book publishers who said its digital-book lending program launched in the pandemic violates their copyrights.

    A judge ruled for the publishers in March, in a decision that the Archive plans to appeal.

    The labels’ lawsuit said the project includes thousands of their copyright-protected recordings, including Bing Crosby’s “White Christmas,” Chuck Berry’s “Roll Over Beethoven” and Duke Ellington’s “It Don’t Mean a Thing (If It Ain’t Got That Swing)”.

    The lawsuit said the recordings are all available on authorized streaming services and “face no danger of being lost, forgotten, or destroyed.”


    I’m a bot and I’m open source!

    • molave
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      32 years ago

      The lawsuit said the recordings are all available on authorized streaming services and “face no danger of being lost, forgotten, or destroyed.”

      They face no danger until they do. Music in streaming platforms is always one corporate drama or profit-driven decision away from being removed. Netflix, anyone?

      • @legios@aussie.zone
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        12 years ago

        Isn’t there currently a huge shit fight about Disney+ removing shows that aren’t available anywhere else and will never be released on physical media too?

  • Arghblarg
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    2 years ago

    I sincerely hope people are organizing to back this all up – datahoarders unite! These days it’s affordable to dedicate an 8TB disk to back up as much of these as possible… anyone have any tips on bulk-downloading the individual 78s from archive.org?


    Edit: I found this tool, get archiving, people

    https://github.com/jjjake/internetarchive

    Example:

    ia download -a -i --format=“VBR MP3” --search collection:georgeblood


    EDIT #2: I’ve submitted a patch adding options to specify start and end item indices, so one can more easily download parts of a collection and resume later – or coordinate with others so each can download non-overlapping parts of a huge collection, and put them together later. See this PR