Internet Archive National Emergency Library Explained

The Internet Archive’s National Emergency Library was a temporary initiative, active from March 24 to June 16, 2020, that removed lending limits on 1.4 million digitized books to support remote learning and research during COVID-19 lockdowns. Normally, the Internet Archive lends scanned books through a controlled digital lending (CDL) system, allowing only one patron at a time per digital copy. During the emergency, it allowed unlimited simultaneous access, which sparked a copyright lawsuit from four major publishers.

Background: What Is the Internet Archive?

The Internet Archive is a San Francisco-based nonprofit digital library founded in 1996 by Brewster Kahle. Its mission is to provide universal access to all knowledge. It hosts the Wayback Machine (a web archive), software, audio, video, and millions of books. Its book collection includes public-domain works and in-copyright books that it has scanned from physical copies held by partner libraries. The Archive’s lending model, called Controlled Digital Lending, is the foundation on which the National Emergency Library was built.

How Controlled Digital Lending Normally Works

Controlled Digital Lending (CDL) lets libraries lend digitized books the same way they lend physical ones. The key rules are:

• One-to-one ratio: The library can only lend a digital copy if it owns a physical copy and removes that physical copy from circulation.
• Limited duration: Each digital loan expires after a set period (typically 1–2 weeks), after which the file becomes inaccessible to the patron.
• Technical protections: The library uses software to prevent copying or sharing the file.

This system is designed to mimic physical lending and was the subject of a 2018 position paper by lawyers and librarians. The Internet Archive has used CDL since 2011, and many other libraries have adopted it.

Why the National Emergency Library Was Created

In March 2020, the COVID-19 pandemic forced schools, universities, and public libraries to close. Millions of students and researchers lost access to physical books. The Internet Archive announced the National Emergency Library (NEL) on March 24, 2020, with the stated goal of bridging the gap for remote education. It temporarily suspended the waitlist for in-copyright books, allowing anyone to borrow them immediately. The Archive argued that this was a reasonable response to an unprecedented crisis, similar to fair use in copyright law.

How the National Emergency Library Worked

During the NEL period, any user with a free Internet Archive account could “borrow” a book from the Open Library (the Archive’s book lending platform). The process was:

1. Create an account and log in.
2. Search for a book in the Open Library catalog.
3. Click “Borrow” – no waitlist, even if the book was popular.
4. Read the book in the browser or via the Archive’s reader app.
5. After 14 days, the loan expired automatically.

The NEL covered about 1.4 million books, mostly from the Archive’s own scans. It did not include books that were already available for free in the public domain, nor did it apply to books from commercial e-book services like OverDrive.

The Copyright Lawsuit and Aftermath

On June 1, 2020, four major publishers – Hachette, HarperCollins, John Wiley & Sons, and Penguin Random House – filed a lawsuit against the Internet Archive, alleging that the NEL and the underlying CDL system constituted copyright infringement. The publishers argued that the Archive was reproducing and distributing copyrighted works without authorization, and that the NEL was not a legitimate emergency measure but a mass piracy operation. The Internet Archive defended itself, claiming fair use and the long-standing library practice of lending physical books.

In response to the lawsuit, the Internet Archive ended the NEL on June 16, 2020, two weeks earlier than originally planned. The lawsuit continued. In March 2023, a federal district court ruled against the Internet Archive, finding that its scanning and lending of in-copyright books was not fair use. The Archive has appealed the decision. As of 2024, the case is ongoing, and the Archive has removed in-copyright books from its lending program, though it still lends public-domain and out-of-print books.

Common Misconceptions

Several misconceptions about the NEL persist:

• “It was legal because libraries can lend books.” Libraries can lend physical books they own, but digitizing and lending copies without a license is legally distinct. The court ruled that the Archive’s practice was not protected by fair use.
• “It was like Project Gutenberg.” Project Gutenberg only distributes public-domain books. The NEL included in-copyright books, which is why it was controversial.
• “The Archive was charging for access.” No, the NEL was free. The Archive is a nonprofit funded by donations and grants.

Frequently Asked Questions

Is the National Emergency Library still active?

No. The NEL ended on June 16, 2020. The Internet Archive returned to its normal controlled digital lending model, with waitlists for popular in-copyright books.

Can I still borrow books from the Internet Archive?

Yes. The Open Library still offers lending, but only for books that are in the public domain or for which the Archive has a license. In-copyright books that were part of the NEL are no longer available for borrowing, following the court ruling.

Why did the publishers sue the Internet Archive?

The publishers claimed that the Archive’s digitization and lending of in-copyright books without paying royalties was a violation of their exclusive rights. They also argued that the NEL caused economic harm by substituting for paid e-books.

What is the current legal status of controlled digital lending?

The 2023 court decision in Hachette v. Internet Archive ruled that CDL is not fair use. The Internet Archive has appealed, and the case is still pending. Other libraries may still use CDL, but the legal risk is now higher.

How can I legally read a book that was in the NEL?

You can borrow it from your local library (physical or digital), purchase it from a retailer, or check if it is available through a licensed e-book service. Many public libraries offer e-books through platforms like OverDrive or Libby.

Alternatives to the National Emergency Library

If you need free access to books, several legal alternatives exist:

• Project Gutenberg: Over 70,000 free public-domain e-books.
• Open Library (public domain only): Still offers lending of public-domain books.
• Local library: Most libraries offer e-book lending through services like OverDrive, Hoopla, or cloudLibrary.
• Google Books: Offers previews and, for public-domain books, full text.
• Internet Archive’s other collections: The Archive hosts many public-domain texts, audio, and video that are freely accessible.

For students and researchers, many publishers and academic institutions provided temporary free access to e-books during the pandemic, but those offers have largely ended.

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