Just to present a counterpoint, I can see a range of fair use exceptions that IA could argue, these largely align with the educational exceptions present in US

Just to present a counterpoint, I can see a range of fair use exceptions that IA could argue, these largely align with the educational exceptions present in US copyright law. What's working in their favour: 1. The intended use of the copyrighted work. The recordings are not pristine, culturally important, and have limited commercial consumption potential in their available form. 2. Nature of the copyrighted work, i.e. Is the use to further creative expression(yes) or consumption(no). IA's own access statistics and duration of the project can strengthen this point. 3. Potential market/value of the copyrighted work: This will play significantly in their favour as the records are dated, rarely sold and not pristine/remastered. What isn't working in their favour: 1. Unvetted self-serve distribution over the Internet: However this case is an excellent opportunity to extend the face-to-face education exception to self-serve online educational resources. This would be a reasonable modernisation of the clause, and would still provide a clear boundary between the education and commercial use purposes.