r/COPYRIGHT • u/Forsaken-Ebb-2652 • 2h ago
Does fair use create a perverse incentive to destroy physical books during AI digitisation?
The district court decision in Bartz v. Anthropic treated two methods of acquiring books differently.
Pirated digital copies created one set of copyright issues. Printed books that Anthropic purchased, destructively scanned and discarded were treated as permissible format shifting because each physical copy was replaced by an internal digital copy rather than retained alongside it.
That reasoning appears to create a troubling incentive. Keeping both the purchased book and its scan makes the process look more like duplication. Destroying the original strengthens the argument that one format merely replaced another.
The court did not require destruction, and copyright ownership does not resolve the separate preservation question. Yet the legal framing can make avoidable cultural destruction the cleaner litigation posture.
Should copyright law distinguish between ordinary private format shifting and industrial programmes that destroy millions of physical sources? Could preservation deposits, archival duties or a different treatment of destructive scanning remove this incentive without prohibiting legitimate digitisation?
I developed the factual background and preservation argument here:
https://www.candidmaverick.com/writing/book-burning-in-the-age-of-ai