The Internet Archive’s ambitious ‘Great 78 Project’ aims to digitize historical gramophone recordings, thereby safeguarding musical heritage. Nonetheless, in 2023, this noble initiative triggered a substantial copyright lawsuit from major record labels. The situation escalated dramatically when these labels proposed a revised claim seeking an astounding $693 million in statutory damages. However, indications are that significant strides in settlement negotiations might prevent this costly litigation. The Internet Archive, which is renowned for its Wayback Machine that preserves digital content for posterity, has undertaken these archiving projects for several decades with an eye towards their increasing value over time. It embarked on the ‘Great 78 Project’ seven years ago, focusing on obsolete 78rpm gramophone records. This digitization not only captures the distinct audio qualities—such as inherent crackling and hissing—but also preserves the unique recordings at risk of deterioration due to aging materials like vinyl and shellac. While the initiative has garnered commendation from numerous curators, historians, and music enthusiasts, backlash arose from the music industry. Labels including Sony and UMG filed a federal lawsuit against the Archive for copyright infringement. In response, the Archive contended that many of the allegations were outdated, as they referred to alleged infringements over three years prior. However, the federal court in California ruled that the statute of limitations had not lapsed entirely, allowing the case to proceed. Recently, the record companies sought to amend their complaint, inflating the number of alleged infringements from 2,749 to 4,624, significantly amplifying potential damages. Despite this escalation, hopes for an amicable settlement have emerged, with both parties requesting a thirty-day pause in proceedings to finalize discussions. The outcome remains uncertain, but the case illustrates the complex interplay between cultural preservation and copyright law.
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