Case 1:20-cv-04160-JGK-OTWDocument 215Filed 08/11/23Page 2 of 5
Case 1:20-cv-04160-JGK-OTWDocument 214-1Filed 08/11/23Page 3 of 6
liability for copyright infringement set forth in the Opinion and Order and as incorporated into any final judgment and its right to appeal the Permanent Injunction on the ground that the Internet Archive should not have been held liable for copyright infringement and as further described below.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
A.
This Court has subject matter jurisdiction over this action, which arises under the Copyright Act of 1976, 17 U.S.C. §§101 et seq, pursuant to 28 U.S.C. §§ 1331 and 1338.
B.
Judgment is entered for Plaintiffs and against Defendant on Plaintiffs’ claims against Defendant for copyright infringement under 17 U.S.C. §501.
C.
The activities of the Internet Archive in engaging in “controlled digital lending” of the 127 Works in Suit as further described in the Opinion and Order constitute copyright infringement;
D.
The activities of the Internet Archive in engaging in the “National Emergency Library” in connection with the 127 Works in Suit as further described in the Opinion and Order constitute copyright infringement; and
E.
The Court hereby enters the following permanent injunction (the “Permanent Injunction”):
1.
“Covered Book” shall mean any in-copyright book or portion thereof, whether in existence as of the date hereof or later created, in which any Plaintiff (or any subsidiary or corporate affiliate of a Plaintiff) (a) owns or controls and exclusive right under the Copyright Act and makes the title commercially available for sale or license [in any format OR in any electronic text format]; and (b) has provided notice to the Internet Archive regarding such title by sending the Internet Archive a machine readable catalog in a standardized form identifying such commercially available titles (including any updates thereto in the Plaintiffs’ discretion), or other similar form of notification, once 14 days have elapsed since the receipt of such notice. A “Covered Book” includes all in-copyright editions of such title.
2.
Subject to the terms of Paragraphs 4, 5 and 6 below, the Internet Archive, its officers, agents, servants, employees, and attorneys, and other persons who are in active concert or participation with such persons (collectively, the “Internet Archive Parties” and each individually an “Internet Archive Party”), are permanently enjoined and restrained from engaging in any of the following acts in, from or to the United States:
a)
the distribution to the public, public display, and/or public performance, of Covered Books in, from or to the United States in
