Page:Hachette Book Group v. Internet Archive (2023).pdf/18

 There is nothing transformative about IA’s copying and unauthorized lending of the Works in Suit. IA does not reproduce the Works in Suit to provide criticism, commentary, or information about them. 17 U.S.C. § 107. IA’s ebooks do not “add[] something new, with a further purpose or different character, altering the [originals] with new expression, meaning or message.”, 510 U.S. at 579. IA simply scans the Works in Suit to become ebooks and lends them to users of its Website for free. But a copyright holder holds the “exclusive[] right” to prepare, display, and distribute “derivative works based upon the copyrighted work.” 17 U.S.C. § 106. An ebook recast from a print book is a paradigmatic example of a derivative work. , 804 F.3d 202, 215 (2d Cir. 2015) (”“ [sic]”) (citing 17 U.S.C. § 101). And although the changes involved in preparing a derivative work “can be described as transformations, they do not involve the kind of transformative purpose that favors a fair use finding.” ;, No. 13-cv-2017, 2015 WL 11170727, at