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Open Library is an online project intended to create "one
web page A web page (or webpage) is a World Wide Web, Web document that is accessed in a web browser. A website typically consists of many web pages hyperlink, linked together under a common domain name. The term "web page" is therefore a metaphor of pap ...
for every book ever published". Created by
Aaron Swartz Aaron Hillel Swartz (; November 8, 1986January 11, 2013), also known as AaronSw, was an American computer programmer, entrepreneur, writer, political organizer, and Internet hacktivism, hacktivist. As a programmer, Swartz helped develop the we ...
,
Brewster Kahle Brewster Lurton Kahle ( ; born October 21, 1960) is an American digital librarian, computer engineer, and Internet entrepreneur. He graduated from the Massachusetts Institute of Technology in 1982 with a Bachelor of Science degree in computer s ...
, Alexis Rossi, Anand Chitipothu, and Rebecca Hargrave Malamud, Open Library is a project of the
Internet Archive The Internet Archive is an American 501(c)(3) organization, non-profit organization founded in 1996 by Brewster Kahle that runs a digital library website, archive.org. It provides free access to collections of digitized media including web ...
, a
nonprofit organization A nonprofit organization (NPO), also known as a nonbusiness entity, nonprofit institution, not-for-profit organization, or simply a nonprofit, is a non-governmental (private) legal entity organized and operated for a collective, public, or so ...
. It has been funded in part by grants from the
California State Library The California State Library is the state library of the State of California, founded in 1850 by the California State Legislature. The Library collects, preserves, generates and disseminates a wide array of information. Today, it is the central ...
and the Kahle/Austin Foundation. Open Library provides
online In computer technology and telecommunications, online indicates a state of connectivity, and offline indicates a disconnected state. In modern terminology, this usually refers to an Internet connection, but (especially when expressed as "on lin ...
digital copies in multiple formats, created from images of many
public domain The public domain (PD) consists of all the creative work to which no Exclusive exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly Waiver, waived, or may be inapplicable. Because no one holds ...
, out-of-print, and in-print books.


Book database and digital lending library

Its book information is collected from the
Library of Congress The Library of Congress (LOC) is a research library in Washington, D.C., serving as the library and research service for the United States Congress and the ''de facto'' national library of the United States. It also administers Copyright law o ...
, other libraries, and
Amazon.com Amazon.com, Inc., doing business as Amazon, is an American multinational technology company engaged in e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. Founded in 1994 by Jeff Bezos in Bellevu ...
, as well as from user contributions through a
wiki A wiki ( ) is a form of hypertext publication on the internet which is collaboratively edited and managed by its audience directly through a web browser. A typical wiki contains multiple pages that can either be edited by the public or l ...
-like interface. If books are available in digital form, a button labeled "Read" appears next to its catalog listing. Digital copies of the contents of each scanned book are distributed as encrypted e-books (created from images of scanned pages), audiobooks and streaming audio (created from the page images using OCR and text-to-speech software), unencrypted images of full pages from OpenLibrary.org and Archive.org, and APIs for automated downloading of page images. Links to where books can be purchased or borrowed are also provided. There are different entities in the database: * authors * works (which are the aggregate of all books with the same title and text) * editions (which are different publications of the corresponding works) Open Library claims to have over 20 million records in its database. Copies of the contents of tens of thousands of modern books have been made available from 150 libraries and publishers for
ebook An ebook (short for electronic book), also spelled as e-book or eBook, is a book publication made available in electronic form, consisting of text, images, or both, readable on the flat-panel display of computers or other electronic devices. A ...
controlled digital lending Controlled digital lending (CDL) is a model by which libraries digitize materials in their collection and make them available for lending. It is based on interpretations of the United States copyright principles of fair use and copyright exhau ...
. Other books including in-print and in-copyright books have been scanned from copies in library collections, library discards, and donations, and are also available for lending in digital form. In total, the Open Library offers copies of over 1.4 million books for what it calls "digital lending", but critics have called distribution of digital copies a violation of copyright law.


History

Open Library began in 2006 with
Aaron Swartz Aaron Hillel Swartz (; November 8, 1986January 11, 2013), also known as AaronSw, was an American computer programmer, entrepreneur, writer, political organizer, and Internet hacktivism, hacktivist. As a programmer, Swartz helped develop the we ...
as the original engineer and leader of the Open Library's technical team. The project was led by
George Oates George Oates (birth name Georgina Oates, born 1973) is an Australian-born designer and entrepreneur, best known for being the first designer of the photo-sharing website Flickr and for creating the Flickr Commons program. Since 2007 she has work ...
from April 2009 to December 2011. Oates was responsible for a complete site redesign during her tenure. In 2015, the project was continued by Giovanni Damiola and then Brenton Cheng and Mek Karpeles in 2016. The site was redesigned and relaunched in May 2010. Its codebase is on
GitHub GitHub () is a Proprietary software, proprietary developer platform that allows developers to create, store, manage, and share their code. It uses Git to provide distributed version control and GitHub itself provides access control, bug trackin ...
. The site uses Infobase, its own database framework based on
PostgreSQL PostgreSQL ( ) also known as Postgres, is a free and open-source software, free and open-source relational database management system (RDBMS) emphasizing extensibility and SQL compliance. PostgreSQL features transaction processing, transactions ...
, and Infogami, its own Wiki engine written in
Python Python may refer to: Snakes * Pythonidae, a family of nonvenomous snakes found in Africa, Asia, and Australia ** ''Python'' (genus), a genus of Pythonidae found in Africa and Asia * Python (mythology), a mythical serpent Computing * Python (prog ...
. The source code to the site is published under the
GNU Affero General Public License The GNU Affero General Public License (GNU AGPL) is a free, copyleft license published by the Free Software Foundation in November 2007, and based on the GNU GPL version 3 and the ''Affero General Public License'' (non-GNU). It is intended fo ...
.


Book sponsorship program

In the week of October 21, 2019, the Open Library website introduced a Book Sponsorship program, which according to
Cory Doctorow Cory Efram Doctorow (; born 17 July 1971) is a Canadian-British blogger, journalist, and science fiction author who served as co-editor of the blog ''Boing Boing''. He is an activist in favour of liberalising copyright laws and a proponent of th ...
, "lets you direct a cash donation to pay for the purchase and scanning of any books. In return, you are first in line to check that book out when it is available, and then anyone who holds an Open Library library card can check it out.". The feature was developed by Mek Karpeles, Tabish Shaikh, and other members of the community.


Books for the blind and dyslexic

The website was relaunched adding
ADA compliance The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, ...
and offering over one million modern and older books to the print disabled in May 2010 using the
DAISY Digital Talking Book Digital accessible information system (DAISY) is a technical standard for digital audiobooks, periodicals, and computerized text. DAISY is designed to be a complete audio substitute for print material and is specifically designed for use by peopl ...
. Under certain provisions of United States copyright law, libraries are sometimes able to reproduce copyrighted works in formats accessible to users with disabilities.


Copyright violation accusations

The Open Library has justified its ability to offer full contents of books in digital formats as part of the
first-sale doctrine The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual prope ...
and
fair use Fair use is a Legal doctrine, doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to bal ...
law. The Open Library owns a physical copy of each book that they have made available, and thus argue that the lending out of one digital scan of the book in a controlled manner falls within the first-sale doctrine, a practice known as
controlled digital lending Controlled digital lending (CDL) is a model by which libraries digitize materials in their collection and make them available for lending. It is based on interpretations of the United States copyright principles of fair use and copyright exhau ...
and in use by multiple public and academic libraries. Since its launch, the Open Library has been accused of mass copyright violation by numerous groups, including the American
Authors Guild The Authors Guild is the United States' oldest and largest professional organization for writers and provides advocacy on issues of free expression and copyright protection. Since its founding in 1912 as the Authors League of America, it has coun ...
, the British
Society of Authors The Society of Authors (SoA) is a United Kingdom trade union for professional writers, illustrators and literary translators, founded in 1884 to protect the rights and further the interests of authors. Membership of the society is open to "anyon ...
, the
Australian Society of Authors The Australian Society of Authors (ASA) was formed in 1963 as the organisation to promote and protect the rights of Australia's authors and illustrators. The Fellowship of Australian Writers played a key role it its establishment. The organisati ...
, the
Science Fiction and Fantasy Writers of America The Science Fiction and Fantasy Writers of America, doing business as Science Fiction and Fantasy Writers Association and commonly known as SFWA ( or ) is a nonprofit 501(c)(3) organization of professional science fiction and fantasy writers. Whi ...
, the US
National Writers Union National Writers Union (NWU) is a trade union in the United States for freelance and contract writers founded on 19 November 1981. NWU is affiliated with the International Federation of Journalists (IFJ), the International Authors Forum (IAF), a ...
, and a coalition of 37 national and international organizations of "writers, translators, photographers, and graphic artists; unions, organizations, and federations representing the creators of works included in published books; book publishers; and reproduction rights and public lending rights organizations". The UK
Society of Authors The Society of Authors (SoA) is a United Kingdom trade union for professional writers, illustrators and literary translators, founded in 1884 to protect the rights and further the interests of authors. Membership of the society is open to "anyon ...
threatened legal action in 2019 unless the Open Library agreed to cease distribution of copyrighted works.


''Hachette v. Internet Archive''

The Open Library further came under criticism from several authors and publishers groups when it created the
National Emergency Library The Internet Archive is an American non-profit organization founded in 1996 by Brewster Kahle that runs a digital library website, archive.org. It provides free access to collections of digitized media including websites, software applic ...
in response to the
COVID-19 pandemic The COVID-19 pandemic (also known as the coronavirus pandemic and COVID pandemic), caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), began with an disease outbreak, outbreak of COVID-19 in Wuhan, China, in December ...
in March 2020. Under these circumstances, the National Emergency Library removed the waitlists of all books in its Open Library collection and allowed any number of digital copies of a book to be downloaded as an encrypted file that would be unusable after two weeks, asserting that this unlimited borrowing was a reasonable exception under the national emergency to allow educational functions to continue since physical libraries and bookstores were forced to be shuttered. The Authors Guild, the Association of American Publishers, the National Writers Union, and others argued that this allowed unlimited copyright infringement and denied revenues from distribution of authorized digital copies of books to authors who also needed relief during the COVID-19 national emergency. Though the Open Library asserted that the copies of entire books in e-book format were still encrypted and the unlimited borrowing was for educational purposes, the National Writers Union asserted that images of each page of each book could still be accessed on the Web without encryption or other controls. Four major publishers—
Hachette Hachette may refer to: * Hachette (surname) * Hachette Livre, a French publisher, the imprint of Lagardère Publishing ** Hachette Book Group, the American subsidiary ** Hachette Distribution Services, the distribution arm See also * Hachette Fil ...
,
Penguin Random House Penguin Random House Limited is a British-American multinational corporation, multinational conglomerate (company), conglomerate publishing company formed on July 1, 2013, with the merger of Penguin Books and Random House. Penguin Books was or ...
,
John Wiley & Sons John Wiley & Sons, Inc., commonly known as Wiley (), is an American Multinational corporation, multinational Publishing, publishing company that focuses on academic publishing and instructional materials. The company was founded in 1807 and pr ...
, and
HarperCollins HarperCollins Publishers LLC is a British–American publishing company that is considered to be one of the "Big Five (publishers), Big Five" English-language publishers, along with Penguin Random House, Hachette Book Group USA, Hachette, Macmi ...
, all members of the
Association of American Publishers The Association of American Publishers (AAP) is the national trade association of the American book publishing industry. AAP lobbies for book, journal and education publishers in the United States. AAP members include most of the major commercial ...
—filed a lawsuit in the Southern New York Federal District Court against the Internet Archive in June 2020, asserting the Open Library project violated numerous copyrights. In their suit, the publishers claimed "Without any license or any payment to authors or publishers, he Internet Archivescans print books, uploads these illegally scanned books to its servers, and distributes verbatim digital copies of the books in whole via public-facing websites. With just a few clicks, any Internet-connected user can download complete digital copies of in-copyright books from hedefendant." The publishers were represented by the law firms
Davis Wright Tremaine Davis Wright Tremaine LLP is an American business and litigation law firm. Founded in 1944, the firm is a limited liability partnership and employs over 500 lawyers. Davis Wright Tremaine is headquartered in Seattle, Washington, and has offices i ...
and
Oppenheim + Zebrak Oppenheim ( or ) is a town in the Mainz-Bingen district of Rhineland-Palatinate, Germany. Geography Location The town lies on the Upper Rhine in Rhenish Hesse between Mainz and Worms. It is the seat of the Verbandsgemeinde (special admi ...
. The Internet Archive ended the National Emergency Library on June 16, 2020, instead of the intended June 30 date, and requested the publishers to "call off their costly assault". In July 2022, both parties filed requests for
summary judgement may refer to: * Abstract (summary), shortening a passage or a write-up without changing its meaning but by using different words and sentences * Epitome, a summary or miniature form * Abridgement, the act of reducing a written work into a shor ...
. A first hearing was held on March 20, 2023. A summary judgement was issued March 24, 2023, in favor of the plaintiffs. In its ruling the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of the State of New York. Two of these are in New York Ci ...
determined that the
Internet Archive The Internet Archive is an American 501(c)(3) organization, non-profit organization founded in 1996 by Brewster Kahle that runs a digital library website, archive.org. It provides free access to collections of digitized media including web ...
committed
copyright infringement Copyright infringement (at times referred to as piracy) is the use of Copyright#Scope, works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the c ...
by scanning and distributing copies of books online. Stemming from the creation of the
National Emergency Library The Internet Archive is an American non-profit organization founded in 1996 by Brewster Kahle that runs a digital library website, archive.org. It provides free access to collections of digitized media including websites, software applic ...
(NEL) during the onset of the
COVID-19 pandemic The COVID-19 pandemic (also known as the coronavirus pandemic and COVID pandemic), caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), began with an disease outbreak, outbreak of COVID-19 in Wuhan, China, in December ...
, publishing company
Hachette Book Group Hachette Book Group, Inc. (HBG) is a publishing company owned by Hachette Livre, the largest publishing company in France, and the third largest trade and educational publisher in the world. Hachette Livre is a wholly owned subsidiary of Lagard� ...
alleged that the Open Library and the National Emergency Library facilitated copyright infringement. On March 25, 2023, the court ruled against Internet Archive, who appealed the decision. This appeal was later denied by the Second Circuit Court of Appeals in 2024.https://storage.courtlistener.com/recap/gov.uscourts.ca2.60988/gov.uscourts.ca2.60988.306.1.pdf


See also

*
Free-software license A free-software license is a notice that grants the recipient of a piece of software extensive rights to modify and software distribution, redistribute that software. These actions are usually prohibited by copyright law, but the rights-holde ...
*
Google Books Google Books (previously known as Google Book Search, Google Print, and by its code-name Project Ocean) is a service from Google that searches the full text of books and magazines that Google has scanned, converted to text using optical charac ...
*
LibraryThing LibraryThing is a social cataloging web application for storing and sharing book catalogs and various types of book metadata. It is used by authors, individuals, libraries, and publishers. Based in Portland, Maine, LibraryThing was developed b ...
* List of software under the GNU AGPL *
List of digital library projects This is a list of digital library projects. See also * Bibliographic database * List of academic databases and search engines * List of online databases * List of online encyclopedias * List of open-access journals * List of search engines ...
*
Online public access catalog The online public access catalog (OPAC), now frequently synonymous with ''library catalog'', is an online database of materials held by a library or group of libraries. Online catalogs have largely replaced the analog card catalogs previously ...
*
Project Gutenberg Project Gutenberg (PG) is a volunteer effort to digitize and archive cultural works, as well as to "encourage the creation and distribution of eBooks." It was founded in 1971 by American writer Michael S. Hart and is the oldest digital li ...
*
WorldCat WorldCat is a union catalog that itemizes the collections of tens of thousands of institutions (mostly libraries), in many countries, that are current or past members of the OCLC global cooperative. It is operated by OCLC, Inc. Many of the O ...


References


External links

* * (Text of the speech given by Brewster Kahle, founder of the Internet Archive, at the launch of the Open Library in October 2005) {{Books Aggregation-based digital libraries Free software programmed in Python Full-text scholarly online databases American digital libraries Internet Archive projects Internet properties established in 2006 Software using the GNU Affero General Public License Bibliographic databases and indexes Library catalogues Digital rights management systems