Fair Use in Action at the Internet Archive
Posted: Wed Jul 09, 2025 9:33 am
As we celebrate Fair Use/Fair Dealing Week, we are reminded of all the ways these flexible copyright exceptions enable libraries to preserve materials and meet the needs of the communities they serve. Indeed, fair use is essential to the functioning of libraries, and underlies many of the ordinary library practices that we all take for granted. In this blog post, we wanted to describe a few of the ways the fair use doctrine has helped us build our library.
Fair use in action: Web Archives and the Wayback Machine
The Internet Archive has been archiving the web since the mid-1990’s. Our web collection now includes more than 850 billion web pages, with hundreds of millions added each day. The Wayback Machine is a free service that lets people visit these archived websites. Users can type in a URL, select a date range, and then begin surfing on an archived phone number database version of the web.
Web archives are used for a variety of important purposes, many of which are themselves fair uses. News reporting and investigative journalism is one such use of the Wayback Machine. Indeed, thousands of news articles have relied upon historical versions of the web from the Wayback Machine. Just last week, 13 links to the Wayback Machine were used in a CNN story about an Ohio GOP Senate candidate’s previous statements that were critical of former President Trump.
Our web archive also becomes an urgent backup for media sites that are shut down suddenly, whether by authoritarian governments or for other reasons, often becoming the only accessible source both for the authors of these stories and for the public. Another important purpose web archives can serve is as evidence in legal disputes. Attorneys use the Wayback Machine in their daily practice for evidentiary and research purposes. In 2023 alone, the Internet Archive attested to 450 affidavits in cases where Wayback Machine captures were used as evidence in court.
Fair use in action: Web Archives and the Wayback Machine
The Internet Archive has been archiving the web since the mid-1990’s. Our web collection now includes more than 850 billion web pages, with hundreds of millions added each day. The Wayback Machine is a free service that lets people visit these archived websites. Users can type in a URL, select a date range, and then begin surfing on an archived phone number database version of the web.
Web archives are used for a variety of important purposes, many of which are themselves fair uses. News reporting and investigative journalism is one such use of the Wayback Machine. Indeed, thousands of news articles have relied upon historical versions of the web from the Wayback Machine. Just last week, 13 links to the Wayback Machine were used in a CNN story about an Ohio GOP Senate candidate’s previous statements that were critical of former President Trump.
Our web archive also becomes an urgent backup for media sites that are shut down suddenly, whether by authoritarian governments or for other reasons, often becoming the only accessible source both for the authors of these stories and for the public. Another important purpose web archives can serve is as evidence in legal disputes. Attorneys use the Wayback Machine in their daily practice for evidentiary and research purposes. In 2023 alone, the Internet Archive attested to 450 affidavits in cases where Wayback Machine captures were used as evidence in court.