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Music Labels Will Regret Coming For the Internet Archive, Sound Historian Says

2 months 4 weeks ago

An anonymous reader quotes a report from Ars Technica: On Thursday, music labels sought to add nearly 500 more sound recordings to a lawsuit accusing the Internet Archive (IA) of mass copyright infringement through its Great 78 Project, which seeks to digitize all 3 million three-minute recordings published on 78 revolutions-per-minute (RPM) records from about 1898 to the 1950s. If the labels' proposed second amended complaint is accepted by the court, damages sought in the case -- which some already feared could financially ruin IA and shut it down for good -- could increase to almost $700 million. (Initially, the labels sought about $400 million in damages.) IA did not respond to Ars' request for comment, but the filing noted that IA has not consented to music labels' motion to amend their complaint. [...] Some sound recording archivists and historians also continue to defend the Great 78 Project as a critical digitization effort at a time when quality of physical 78 RPM records is degrading and the records themselves are becoming obsolete, with very few libraries even maintaining equipment to play back the limited collections that are available in physical archives. They push back on labels' claims that commercially available Spotify streams are comparable to the Great 78 Project's digitized recordings, insisting that sound history can be lost when obscure recordings are controlled by rights holders who don't make them commercially available. [...] David Seubert, who manages sound collections at the University of California, Santa Barbara library, told Ars that he frequently used the project as an archive and not just to listen to the recordings. For Seubert, the videos that IA records of the 78 RPM albums capture more than audio of a certain era. Researchers like him want to look at the label, check out the copyright information, and note the catalogue numbers, he said. "It has all this information there," Seubert said. "I don't even necessarily need to hear it," he continued, adding, "just seeing the physicality of it, it's like, 'Okay, now I know more about this record.'" [...] Nathan Georgitis, the executive director of the Association for Recorded Sound Collections (ARSC), told Ars that you just don't see 78 RPM records out in the world anymore. Even in record stores selling used vinyl, these recordings will be hidden "in a few boxes under the table behind the tablecloth," Georgitis suggested. And in "many" cases, "the problem for libraries and archives is that those recordings aren't necessarily commercially available for re-release." That "means that those recordings, those artists, the repertoire, the recorded sound history in itself -- meaning the labels, the producers, the printings -- all of that history kind of gets obscured from view," Georgitis said. Currently, libraries trying to preserve this history must control access to audio collections, Georgitis said. He sees IA's work with the Great 78 Project as a legitimate archive in that, unlike a streaming service, where content may be inconsistently available, IA's "mission is to preserve and provide access to content over time." "That 'over time' part is really the key function, I think, that distinguishes an archive from maybe a streaming service in a way," Georgitis said. "The Internet Archive is not hurting the revenue of the recording industry at all," Seubert suggested. "It has no impact on their revenue." Instead, he suspects that labels' lawsuit is "somehow vindictive," because the labels perhaps "don't like the Internet Archive's way of pushing the envelope on copyright and fair use." "There are people who, like the founder of the Internet Archive, want to push that envelope, and the media conglomerates want to push back in the other direction," Seubert said.