The Internet Archive has reached a settlement in a lawsuit concerning its music preservation program, known as the Great 78 Project. The settlement, filed on October 23, 2023, resolves allegations from music record labels that the project infringed on copyright laws by digitizing and publicly sharing recordings of 78 rpm shellac records, commonly referred to as “78s.” The specific terms of the settlement, including any financial implications, have not been disclosed, and it is anticipated that the amount will remain confidential.
The lawsuit began in 2023, highlighting the ongoing conflict between copyright protection and the preservation of cultural heritage. The Great 78 Project aims to digitize and preserve recordings produced from around 1898 to the 1950s, rescuing musical history that is at risk of being lost. Since its inception in 2017, the project has successfully digitized approximately 400,000 records, featuring artists such as Louis Armstrong and Frank Sinatra.
Record labels contended that the free public access to these digital recordings constituted copyright infringement, alleging that it resulted in significant financial losses. They described the Internet Archive’s actions as “wholesale theft of generations of music,” labeling the organization as “mass infringers.” In response to these claims, the Internet Archive maintains that its efforts are focused on cultural preservation rather than commercial exploitation.
In conjunction with the settlement, a dismissal order for the case was also filed on the same day. The Internet Archive has chosen to limit its comments on the matter, stating in a brief blog update that “the parties have reached a confidential resolution of all claims and will have no further public comment on this matter.”
The future of the Great 78 Project remains uncertain post-settlement, as it is unclear whether the digitized recordings will continue to be available online. For now, users can still access the vast collection of recordings, which serves as a valuable resource for music historians and enthusiasts alike.
As copyright issues increasingly intersect with digital preservation efforts, this settlement is a noteworthy chapter in the ongoing dialogue surrounding intellectual property rights and access to cultural materials.
