There is a whole legal saga here that is often misunderstood. Googling "Project Panama" should give more information.
The legal ruling from Judge William Alsup declared that if AI companies purchased the books legally and then copied them to their servers, it was fair use as a "transformative" operation, but the originals had to be destroyed in that case, because then there was only one copy still in existence (the one on Anthropic's servers):
From https://www.theguardian.com/commentisfree/2026/aug/05/anthro...
> Under US copyright law, the “fair use” doctrine allows you to make “transformative” use of copyrighted works without the owner’s permission. Anthropic took printed books and scanned them, “transforming” or remediating them into a new, electronic format. They then disposed of the original printed copy: the “destructive” part of destructive scanning. Along the way, Anthropic’s vendors had already sliced the spines and edges of the books, to scan them more easily before destroying them. “One replaced the other,” as Judge William Alsup wrote, noting: “There is no evidence that the new, digital copy was shown, shared, or sold outside the company.”
Can they keep backup of the digital copy?