The Internet Archive (IA) is widely known for its Wayback Machine, which preserves copies of the web for future generations.

These archiving efforts, which started decades ago, will become more valuable over time. The same could apply to IA’s other projects, including the digitization of old books and records.

Six years ago, the Archive began archiving the sounds of long obsolete 78 rpm gramophone records. In addition to capturing their unique audio, including all ‘crackles and hisses’, the Archive aimed to preserve these recordings for future generations before their vinyl or shellac disintegrates.

$693m in Potential Damages

The ‘ Great 78 Project ‘ received praise from curators, historians, and music fans, but elements of the recording industry viewed the project quite differently. Major record labels, including Sony and UMG, sued the Internet Archive for copyright infringement in federal court in 2023.

In 2024, IA responded to these allegations with a motion to dismiss. According to the Archive, many of the claims were simply too late as the infringements had occurred over three years earlier. However, this request to end the case early was denied by California District Court Judge Maxine Chesney.

The case moved forward and in March of this year, the music labels filed a second amended complaint that would significantly raise the stakes. The updated version covered 4,624 works that were allegedly infringed by the Great 78 Project, as opposed to the 2,749 recordings listed in the original complaint.

The music companies requested maximum statutory damages of $150,000 per work for each of these recordings, increasing potential damages to an astronomical $693 million.

Settlement Reached

With a massively increased damages award hanging in the air, the parties worked towards an early resolution of their dispute. In April, they informed the court that they had entered into settlement discussions, and after a few extensions, a deal has now been signed.

Yesterday, September 15, the record label plaintiffs and the Internet Archive informed the federal court that agreement had been reached. A few hours later, Judge Chesney formally dismissed the lawsuit.

Dismissal without prejudice is a temporary procedural step while the settlement is finalized; the parties expect to file for a permanent dismissal within 45 days.

None of the filings provide any details on the conditions of the settlement. It’s not clear whether any compensation will be paid, as all details remain confidential.

“The parties have reached a confidential resolution of all claims and will have no further public comment on this matter,” Internet Archive’s Chris Freeland wrote in a short statement on the case.

The lawsuit definitely had a major impact on the Great 78 Project. Since the start of the lawsuit, many thousands of digitized recordings, including many Elvis Presley albums, have reportedly been removed .

From: TF , for the latest news on copyright battles, piracy and more.