A closeup shot of a needle of the gramophone with a shellac disk
The Internet Archive has reached a settlement in a lawsuit with music record labels regarding its “Great 78 Project,” a program aimed at preserving historic recordings. Filed in 2023, the legal case alleged copyright infringement due to the Archive’s efforts to digitize and make publicly available recordings from the early 20th century. The terms of the settlement, including any financial compensation, have not been disclosed, and an order for dismissal was filed concurrently, indicating the conclusion of the legal dispute.
The Great 78 Project, initiated in 2017, focuses on digitizing 78 rpm shellac records, commonly known as “78s,” which were produced from approximately 1898 through the 1950s. This initiative has successfully digitized around 400,000 records, including music from iconic artists such as Louis Armstrong and Frank Sinatra. The aim of the project is to preserve these aging recordings, many of which risk being lost if not digitized.
Record labels contended that providing free access to these digital recordings constituted copyright infringement, characterizing the Archive’s actions as “wholesale theft of generations of music.” They described the Internet Archive as “nothing more than mass infringers.” In response, the Internet Archive maintained that its efforts are vital for cultural preservation and access.
While the settlement has been reached, the future of the Great 78 Project remains uncertain. The Internet Archive has issued a brief statement on its blog, confirming that “the parties have reached a confidential resolution of all claims” without further public commentary.
As of now, the digitized recordings from the Great 78 Project remain accessible on the Internet Archive, allowing users to explore these historical treasures. The decision regarding whether the project will continue or face alterations due to the settlement is still pending.
This case underscores the ongoing tension between copyright law and the preservation of cultural artifacts in the digital age. The Internet Archive’s commitment to preserving historical music continues to be a point of contention within the legal landscape, highlighting the challenges faced by organizations dedicated to digital preservation efforts.
