23-1260-cv - United States Court of Appeals Second Circuit - BRIEF FOR AMICUS CURIAE

17 vi Case 23-1260, Document 102, 12/21/2023, 3599894, Page8 of 38 INTEREST OF AMICUS CURIAE1 Authors Alliance is a 501(c)(3) nonprofit that seeks to advance the interests of authors who want to serve the public good by sharing their creations broadly. [...] Authors thus depend on courts like this one to take seriously their interests and those of the public.4 4 Though our brief is focused on the interests of authors, we note that the publishers’ stance in this case has raised significant privacy and censorship concerns that 4 Case 23-1260, Document 102, 12/21/2023, 3599894, Page12 of 38 Publishers make much of Internet Archive (“IA”) disrupting the “. [...] While some format shifting may be impermissible under the law, fair use supports a wide variety of instances in which users are allowed to shift content to “ ‘improv[e] the efficiency of delivering content without unreasonably encroaching on the commercial entitlements of the rights holder’ [when] the improved delivery was to one entitled to receive the content.” Capitol Records LLC v. [...] The precise means and terms of lending to users have traditionally been left to the library to decide; what matters is that each copy of a book that a library holds is already paid for, and they are only using that one copy to the benefit of readers and the public. [...] Indeed, the House of Representatives’ Committee on the 20 Case 23-1260, Document 102, 12/21/2023, 3599894, Page28 of 38 Judiciary Report on the 1976 Copyright Act revision observes that “the making of duplicate copies for purposes of archival preservation certainly falls within the scope of ‘fair use.’” H.