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Internet Archive and six record-company plaintiffs announced a confidential settlement in their lawsuit over the Great 78 Project on September 15, 2025. On October 16, 2025, a federal court dismissed all claims with prejudice and ordered each side to bear its own fees and costs. The public filings do not disclose how much the settlement cost or what the parties agreed to do.
What was settled—and when?
The case, UMG Recordings, Inc. et al. v. Internet Archive et al., was filed in the U.S. District Court for the Northern District of California as case 3:23-cv-06522-MMC. The plaintiffs were UMG Recordings, Capitol Records, Concord Bicycle Assets, CMGI Recorded Music Assets, Sony Music Entertainment, and Arista Music. Defendants included Internet Archive, Brewster Kahle, Kahle/Austin Foundation, George Blood, and George Blood LP.
In a joint notice filed September 15, 2025, the parties told the court they had settled. They asked to vacate upcoming deadlines while certain settlement terms were performed and said they expected to file a dismissal within 45 days after performance. The notice described a planned dismissal, not the substance of the confidential terms. (Joint notice filed in the case.)
Internet Archive said in a September 15 post: “The parties have reached a confidential resolution of all claims and will have no further public comment on this matter.” The statement was authored by Chris Freeland, the organization’s Director of Library Services. (Internet Archive statement.)
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On October 16, 2025, the court dismissed the action with prejudice as to all claims and ordered each party to bear its own fees and costs. “With prejudice” means the claims in this action were dismissed finally rather than left open to be refiled as the same claims. The order establishes the case’s procedural end; it does not disclose the negotiated terms. (Final dismissal order.)
What was the Great 78 Project dispute about?
The Great 78 Project digitized recordings from physical 78 rpm records and made digital files available to stream and download. The San Francisco Chronicle described the collection as containing more than 400,000 fragile shellac records, including recordings by Frank Sinatra, Ella Fitzgerald, and Billie Holiday. The record companies sued over recordings they claimed were protected by their rights. (San Francisco Chronicle coverage.)
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Copyright Alliance’s 2025 year-in-review said the plaintiffs alleged infringement involving 2,749 pre-1972 sound recordings. That figure describes the plaintiffs’ allegation, not a finding by the court. The case settled, so the dismissal order did not decide whether the recordings were infringed. (Copyright Alliance, 2025.)
How much did the settlement cost?
The settlement amount has not been disclosed in the public materials cited here. The widely reported damages figures concern claims or estimates made during litigation, not money awarded by the court or confirmed as paid under the settlement.
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- Ars Technica reported that the labels initially alleged $400 million in damages, then raised their estimate to $700 million after adding works to the case. These were litigation figures, not settlement terms. (Ars Technica coverage.)
- The San Francisco Chronicle reported that the labels had sought $621 million. That, too, is a reported demand during the case—not the settlement amount. (San Francisco Chronicle coverage.)
The figures differ because reports describe different claims or points in the litigation. None establishes what, if anything, was paid in the confidential settlement.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Does the settlement mean recordings were removed or infringement was admitted?
The public notice, Internet Archive statement, and dismissal order do not establish whether any particular Great 78 recording remains online, whether the parties agreed to remove or restrict material, or whether any payment was made. They also do not document an admission of infringement. A settlement ends a dispute by agreement; it is not, by itself, a judicial ruling that either side’s underlying legal position was correct.
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