Case 1:20-cv-04160-JGK-OTWDocument 215Filed 08/11/23Page 3 of 5
Case 1:20-cv-04160-JGK-OTWDocument 214-1Filed 08/11/23Page 4 of 6
any digital or electronic form, including without limitation on the Internet Archive website (collectively “Unauthorized Distribution”);
b)
the reproduction of Covered Books for Unauthorized Distribution;
c)
the creation of derivative works of the Covered Books for Unauthorized Distribution;
d)
inducing, or knowingly and materially contributing to, any individual or entity’s infringing reproduction, public distribution, public display and/or public performance of Covered Books in any digital or electronic form, as those terms are used in the law of contributory copyright infringement applied by the Second Circuit; and/or
e)
profiting from another individual or entity’s infringing reproduction, public distribution, public display and/or public performance of Covered Books in any digital or electronic form while declining to exercise a right to stop or limit it, as those terms are used in the law of vicarious copyright infringement applied by the Second Circuit.
3.
This Permanent Injunction is effective immediately and shall not be stayed pending appeal of the Opinion and Order. Internet Archive shall provide a copy of this Permanent Injunction to each of its officers, agents, servants, employees, and attorneys. Internet Archive shall also provide a copy of this Permanent Injunction to Open Library of Richmond, libraries whose print books have been counted by Internet Archive toward its maximum lendable digital copies on Internet Archive’s website, and all persons in active concert or participation with Internet Archive or its officers, agents, servants, employees, or attorneys in connection with the Covered Books.
4.
The Internet Archive Parties shall not be in violation of the terms of Paragraph 2 with respect to:
a)
Any uses to which exceptions and limitations set forth in 17 U.S.C. § 108, and §§ 110–122 are properly applicable (with Plaintiffs reserving all rights to contest such applicability);
b)
An Internet Archive Party’s use of any Covered Book for which such party obtains express written authorization for that use from a party that owns or controls the applicable rights to such Covered Book, provided such authorization is in force and valid at the time of such party’s use of the Covered Book;
c)
An Internet Archive Party’s use of Covered Books for the purpose of accessibility for “eligible persons,” as that term is defined in 17
