Anthropic wasn't explicitly told to destroy the physical copies, but it weighed heavily in their favor.

"Here, every purchased print copy was copied in order to save storage space and to enable searchability as a digital copy. The print original was destroyed. One replaced the other. And, there is no evidence that the new, digital copy was shown, shared, or sold outside the company. This use was even more clearly transformative than those in Texaco, Google, and Sony Betamax (where the number of copies went up by at least one), and, of course, more transformative than those uses rejected in Napster (where the number went up by “millions” of copies shared for free with others)."

"For the print library copies that Anthropic purchased and then converted into digital library copies, Anthropic already enjoyed entitlement to keep the copies in its library. The purpose of the copying was to keep them in its library but with more favorable storage and searchability properties. Copying the entire work was exactly what this purpose required. There was no surplus copying. The source copy was destroyed.

The third fair use factor favors fair use for the purchased library copies converted from print to digital."

Bartz v. Anthropic PBC, 787 F. Supp. 3d 1007 (N.D. Cal. 2025). https://docs.justia.com/cases/federal/district-courts/califo...