Page:Hachette Book Group v. Internet Archive (2023).pdf/14

 The Publishers have established a case of copyright infringement. First, the Publishers hold exclusive publishing rights in the Works in Suit pursuant to 17 U.S.C. § 106, and the Works were timely registered with the Copyright Office. Pls.' 56.1 ¶¶ 210–214. Second, IA copied the entire Works in Suit without the Publishers' permission. ¶¶ 242–245. Specifically, IA does not dispute that it violated the Publishers' reproduction rights, by creating copies of the Works in Suit, 17 U.S.C. § 106(1); the Publishers' rights to prepare derivative works, by "recasting" the Publishers' print books into ebooks, § 106(2); the Publishers' distribution rights, by distributing ebook copies of the Works in Suit to IA's users,  § 106(3); the Publishers' public performance rights, through the "read aloud" function on IA's Website,  § 106(4); and the Publishers' display rights, by showing the Works in Suit to users through IA's in-browser viewer,  § 106(5).