The Internet Archive finds itself locked in a high-stakes legal battle against some of the music industry’s most powerful companies, with damages potentially reaching a staggering $621 million. The dispute centers on the nonprofit’s Great 78 Project, an ambitious effort to digitize and preserve over 400,000 fragile shellac records from the early 20th century, including works by legendary artists like Frank Sinatra, Ella Fitzgerald, and Billie Holiday.
Universal Music Group, Sony Music Entertainment, Capitol Records, Concord, and Arista Music filed suit against the Internet Archive, claiming copyright infringement for unauthorized streaming of their intellectual property. The labels identified 2,749 copyrighted tracks as examples of alleged infringement in their initial complaint, later attempting to add hundreds more recordings during litigation. After months of contentious legal exchanges, both parties have submitted a joint filing to dismiss the case following a confidential settlement agreement.
Major music labels sued the Internet Archive over 2,749 tracks, alleging copyright infringement from unauthorized streaming of historic recordings.
Brewster Kahle, the Archive’s digital librarian, has vigorously defended the organization’s mission as essential cultural preservation work that should be protected under fair use principles. The lawsuit specifically cited iconic recordings like “White Christmas” and “Sing, Sing, Sing” among the allegedly infringed works. The Internet Archive has characterized the labels’ approach as deceptive, referring to what they call a “hide-the-ball” strategy regarding evidence and claims throughout the legal proceedings.
The case has attracted national attention, with hundreds of artists publicly denouncing the lawsuit as an attack on cultural heritage. Critics of the legal action argue that the labels’ enforcement appears motivated more by financial interests than protecting artist rights, particularly given the age and fragility of the recordings in question. These rights are typically managed by collecting societies that represent songwriters, composers, and publishers by collecting and distributing royalties for public performances of copyrighted music. For musicians caught in the middle of such disputes, finding alternative revenue streams like licensing music for TV and film becomes increasingly important to maintain financial stability.
Federal courts have already rejected the Archive’s argument that portions of the copyright claims were barred by statute of limitations, allowing the case to proceed. For the Internet Archive, the stakes extend far beyond the 78rpm collection; the organization warns that an unfavorable outcome could threaten all its preservation initiatives, including the widely used Wayback Machine that archives websites.
The dispute highlights the growing tension between strict copyright enforcement and cultural preservation efforts in the digital age, raising fundamental questions about who controls access to our shared musical heritage.
