Some clarifications on the Publishers v. IA case

Chris Freeland from the Internet Archive (IA) has blogged on “What the Hachette v. Internet Archive Decision Means for Our Library.” The post is worth a read, but here’s a short summary with a few comments. Its tone is measured, distinguishing it from the crowing that as usual characterizes comments from the AAP, where ne’er a chance to bloviate is ever missed. Those people really should learn about Magnanimity in Victory. In any case, as we shall see, the judgment undercuts their cackling and chortling considerably. Perhaps they won’t be so jubilant when the appeal moves beyond the district court level.

So, what does the judgement mean:

• It only concerns lending of digitized books via Open Library. So many IA services remain: Interlibrary Loan, creating accessible formats for the print challenged, quoting short passages, digitizing books for preservation (which copyright allows), and government document sharing

• Out-of-copyright/public domain works are excluded and can be shared..

• Perhaps most importantly, books that do not have a commercially available digital version are not covered—only books that do.

So, while publishers may now work to have many books with commercial digital equivalents removed from the Open Library, millions will remain untouched—good news for readers and libraries and for preservation. There is simply too much danger that books without commercial value to the publishers—as if that were the only way to judge a book’s worth!—will, even if digitized for preservation, be inaccessible to readers.

The end result of the suit, then, is surely not the complete triumph that the plaintiffs sought. Even so, the ruling seems to continue the slide towards the mistaken imbalance in copyright’s intent we are seeing in the digital era, when publishers want all reading to be licensed for their continuing control to prevent sharing and for their perpetual profit with every read, ignoring the need to “advance knowledge” and the public’s needs. If copyright laws were to be drafted today, one suspects they would fight the long-existing right-of-first sale with every weapon they had. It certainly seems likely that even if the IA were not going to appeal, the publishers would launch another suit to have the digital scan of every book that is not in the public domain removed.

Mr. Freeland concludes “Libraries are going to have to fight to be able to buy, preserve, and lend digital books outside of the confines of temporary licensed access. We deeply appreciate your support as we continue this fight!” The Internet Archive is going to appeal this ruling. Readers, and libraries, should cheer on this fight for controlled digital lending: one of the few tools we have, and should have, to share digital fairly in a time when big publishers prices are unsustainable and Congress seems too indifferent, too cowed—or is it, too bought off?—to create fairer copyright.

Big 5 License Terms as of July 2023

Michael Kozlowski from Good e-Reader has published a list of the license terms the Big 5 publishers offer to libraries through OverDrive.

The list is comprehensive and welcome, and we are glad for it.

There are, however, some misleading statements—not deliberate but notable—and quite a few devils hiding in the details

First, the Big 5 do not SELL ebooks to libraries. Not one. Libraries do not own title one from the Big 5. We license them. And that makes all the difference in the world for cost, depth and breadth of collection, and preservation. Nobody should ever use the word “sell” in a sentence combining “Big 5” and “library ebooks.” This is not nit-picking. It is the essence of the problem.

Second, while the data comes from OverDrive and hence OverDrive features large in the article, other vendors offer the same terms and at least one, Palace, has worked far more deals for different models, including as many as 5 options at once per title, than OverDrive ever has. A focus on a vendor so large that it is essentially a monopoly is no favor to libraries.

This variety of licenses is welcome—it allows libraries to make best use of their limited funds. Not even a very well funded system like Toronto, as Mr. Kozlowski mentions, can meet ebook demand. The minimum options from every publisher—assuming we set aside for now the option to purchase, which only federal mandate would get us from the Big 5—should be dual: a perpetual access license and a metered access license at a lower cost. We could get a few for long-term access, so we didn’t have to get them again and again and %$#! again, and use metered to better meet high initial demand. Only this will change the current unsustainable situation. Well, things would be better if fair prices were charged. Then license models wouldn’t matter . . . well, except that we can guarantee that libraries will lose license access once a book loses market value to the publishers, so perpetual or CDL must be an option. But fair prices are an impossible dream unless we get some government action. Of the Big 5, only Penguin Random House, and only in one format (audiobooks) offer a one-year license and a perpetual one copy-one user. Thank you, PRH—genuinely! It really is helpful. Um, ever thought of it for ebooks too?

But wait, it might be objected, we are ignoring all the pay-per-use options. Aren’t they helpful? More devils hiding: they are often only for backlists and can be budget busters. Eleven uses of a PRH audiobook, for example, is more expensive than a perpetual license. Some details about costs would give the public a better understanding of what’s going on.

The focus on only Big 5 titles is unfortunate. Medium and smaller publishers are often offering better deals on quality reads. It is also unfortunate that to many librarians, instead of offering variety, load up based on patron demand instead of curating and explaining that high-demand titles will involve a long wait. It’s their choice, of course; however, without rewarding the publishers giving us fair prices and withholding from those that do not, we will see only the Big 5 feasting at the public trough.

Just one more of the many devils hiding. From print jobbers, libraries often get great discounts on, say, hardcovers. 40 to 42% off are common. What standard discount does OverDrive offer? License at publisher wholesale and license back to libraries is a great business model. Great for business, that is, but not for libraries. More feasting at the trough.

Yep, there are the Big 5 license terms for 2023. Read ‘em and weep.

If your state doesn’t have an ebook bill in place or planned, working to have a start on laws that will make a difference, why not? Aren’t you tired of the corporate feast on public funds . . . and of the rip-off on digital costs?

DPLA launches The Banned Book Club to ensure access to banned books

A press release from Digital Public Library of America (DPLA): RF thanks DPLA for taking a risk to promote the freedom to read in a time that it is under assault. This is another step in clapping back against organized and authoritarian efforts to suppress other views, especially the black and gay experience. Together we can win through for basic democratic values, but it will require work. Please fight with and for your library.

Readers in communities affected by book bans can now access banned books for free via Palace e-reader app

Digital Public Library of America (DPLA) has launched The Banned Book Club to ensure that all readers have access to the books they want to read. The Banned Book Club makes e-book versions of banned books available to readers in locations across the United States where titles have been banned. The e-books will be available to readers for free via the Palace e-reader app.

“At DPLA, our mission is to ensure access to knowledge for all and we believe in the power of technology to further that access,” said John S. Bracken, executive director of Digital Public Library of America. “Today book bans are one of the greatest threats to our freedom, and we have created The Banned Book Club to leverage the dual powers of libraries and digital technology to ensure that every American can access the books they want to read.”

Utilizing GPS-based geo-targeting, DPLA has established virtual libraries in communities across the United States where books have been banned. When a reader is within a community served by a library that has been forced to ban a book, they can visit TheBannedBookClub.info to see the exact books have been banned in their area. Then, they can download that book for free on any handheld device via the free Palace e-reader app.

Earlier today former president Barack Obama and the Obama Foundation shared their support for the Banned Book Club initiative and its mission to provide individuals with the power and access to obtain literature that is thought-provoking, educational, and eye-opening, allowing them to learn more about the world. Their support will help to expand awareness of how people can access banned books within their communities and connect people through literature.

To access The Banned Book Club now, download the Palace app and choose “Banned Book Club” as your library, then follow the prompts to sign up for a free virtual library card. For more specific instructions, click here. For more information on The Banned Book Club, readers can visit TheBannedBookClub.info.

Digital Public Library of America amplifies the value of libraries and cultural organizations as trusted sources of shared knowledge. DPLA fulfills itsmission by collaborating with partners to accelerate the adoption of innovative tools and ideas to empower and equip libraries in making public information more accessible. DPLA’s e-book work is supported by the John S. and James L. Knight Foundation and the Alfred P. Sloan Foundation. To learn more, visit www.dp.la.

The Palace Project is a suite of content, services, and tools for the delivery of ebooks, audiobooks, and other digital media to benefit public libraries and their patrons. Funded by a multi-year, multi-million dollar investment from the Knight Foundation, The Palace Project is a division of Lyrasis, working in strategic partnership with Digital Public Library of America (DPLA). To learn more, visit thepalaceproject.org.

ALA Shares News Of President Obama's Support For Libraries

From ALA Senior Director, Public Policy & Government Relations Alan Inouye:

President Barack Obama published an open letter to librarians this morning, expressing his support for libraries and library workers amidst rising book challenges and subsequent attacks on those defending the right to read. His letter was shared online and across his social media pages (in addition to the social media accounts for Michelle Obama and the Obama Foundation), with a note directing followers to the Unite Against Book Bans website and encouraging support for the campaign.

 See links to the social posts below.

President Obama:

Instagram

Facebook

Twitter

The Obama Foundation:

Instagram

Twitter

To ensure that the letter would reach its intended recipients, President Obama’s team requested that we share the letter with the ALA community. You’ll notice that the letter has been amplified across ALA’s social media pages and shared via American Libraries: Open Letter from Former President Obama Supports Librarians | American Libraries Magazine

Also, ALA contributed to this exclusive story in the Washington Post this morning, which highlights the recent increase in book bans/challenges and President Obama’s efforts on social media (particularly, TikTok and Instagram) to bring awareness to the issue in hopes of rallying support for libraries and library workers.

In a time of unprecedented challenge from well-organized and funded (and “astroturfed” rather than grass roots) groups, every voice raised clapping back is important. Thank you, President Obama, for your passion and wisdom in support for the most fundamental of American rights.

ALA Annual Ebook Friday Update

Here’s a still tentative (people are very busy!) agenda for ALA Ebook Friday. If you are coming to the ALA Annual Conference, please consider joining us!

Ebooks Interest Group

Friday, June 23, 2023 10:00 AM – 4:00 PM CT

Location: Hilton Chicago, International South (Note-about 1.5 miles from the Conference Center)

10-10:45:  Librarian/publisher meeting (we are inviting various publishers to attend to discuss any new developments, hear librarian concerns, and answer--respectful, please!--questions)

·         Claire Kelley, Seven Stories

·         Craig Mears, Blackstone Publishing

·         Adam Silverman, Harper Collins

10:45 – 11:15 CDL, Internet Archive, Legislative Updates

·         Chris Freeland

·         Kyle Courtney and/or Juliya Ziskina

11:15 – 12:15 Lightning Round (Hear from shakers and movers about various projects)

 ·         Every Library, John Chrastka 

·         Library Futures, Jennie Rose Halperin or Michelle Reed

·         Hold Ratio Models, Carmi Parker [Zoom]

·         A publisher that sells ebooks to libraries, Maria Bustillos [Zoom]

·         Canadian Updates:

   VPL Initiative

  Joint Task Force on eBook Sustainability for Libraries

·         Legislative Initiatives: Stacey Aldrich, State Librarian of Hawaii

·         ULC: Shari Henry, Director of Democracy and Community Impact

·         COSLA:  Karen Mellor, Chief of Library services Rhode Island

·         ReadersFirst: Publisher Price Watch (Michael) 

12:15- 12:45:  Palace Update, Micah May

12:45 – 2:00: Lunch (not provided--we're leaving time enough to go out)

2:00-3:00:  Banned Books-the digital response: An exploration of Brooklyn and Seattle Public’s "Books Unbanned" project, efforts to ban digital versions of books, and a discussion of how to help, Amy Mikel and Andrew Harbison

3:00 – 4:00 Free time:  make connections, chat with friends

Library Futures Learning Circle on June 8

Our friends at Library Futures are hosting an Ebook Legislation Learning Circle:

You know the problems with ebooks and libraries, but maybe you struggle with how to solve them. Our latest Learning Circle is here to help! Join experts Kyle Courtney and Juliya Ziskina on June 8 to learn more about how state level legislation can help make ebooks fairer for libraries. Our Learning Circles are limited to 40 participants, so sign up today!

Register now

Should be worth a look!

Important News from Florida and Support the Right to Read Act

On May 16th, Pen America, Penguin Random House, and a group of authors and of parents sued the Escambia County School District and its School Board for removing or restricting books in the schools.

The suit charges that they “have done so based on their disagreement with the ideas expressed in those books. They have repeatedly ignored their existing policies for review. In every decision to remove a book, the School District has sided with a challenger expressing openly discriminatory bases for challenge, overruling the recommendations of review committees at the school and district levels. These restrictions and removals have disproportionately targeted books by or about people of color and/or LGBTQ people, and have prescribed an orthodoxy of opinion that violates the First and Fourteenth Amendments.”

In a press release, Pen America notes that the “lawsuit brings together authors whose books have been banned, parents and students in the district who cannot access the books, and a publisher in a first-of-its-kind challenge to unlawful censorship.” It adds “the school district made clear that its interests are in censoring certain ideas and viewpoints, not pedagogy, and that it is willing to allow an extremist minority to substitute its political agenda for the judgment of educators and parents.”

Pen America certain has a talking point. Most bans were instigated at the behest of one person, Vicki Baggett, even though she was not familiar with many of them and based her complaints on information gleaned from far-right leaning websites linked to the ultra-conservative group Moms for Liberty.

Ms. Baggett is of course welcome to express her views, but it is damnable that one person can determine what other people’s children get to read, and even more so that the Board chose to ignore the school’s own experts, with “instances in which the School Board rejected a challenge from Baggett, despite the transparently ideological nature of her challenges. Indeed, the School District and School Board have consistently acceded to, and ratified, Baggett’s blatantly political and message-based objections.”

RF is stepping outside its usual digital content focus to thank Pen America and PRH (yes, even though we usually slag them for their digital content prices), and the authors and parents for their courageous opposition to the narrow-minded and rigidly orthodox agenda being set by Governor DeSantis and, alas, followed by too many school districts. But then, as OverDrive found out in Llano, Texas, it is possible for censors to shut down public library access to thousands of digital titles in one fell blow. We cannot have fair access, print or digital, if censors hold sway. Every librarian has reason to advocate against a organized, well-funded, and ill-advised movement hiding under the guise of protecting children but really pushing a reactionary ideology.

Thanks, too, to the authors joining the suit are Sarah Brannen, David Levithan, George M. Johnson, Ashley Hope Pérez, Kyle Lukoff. RF encourages purchase/license and heavy promotion of their works.

Let us hope that this is but one more legal pushback against the banners and that it meets with same success that the suit in Texas that restored books to Llano’s public library.

Why not take a stand yourself? If you haven’t yet, join the ALA-sponsored advocacy for the Right to Read Act:

Last week, Senator Jack Reed (D-RI) and Representative Raúl Grijalva (D-AZ-03) re-introduced the Right to Read Act in the House and Senate to protect our school libraries from censorship and disinvestment.

Click below to tell your members of Congress to support school libraries, then share this action with your community:

Tell Congress: Protect School Librarians, Protect Kids

This legislation has a long way to go, but if passed could be a huge step against the book-banning movement. The Right to Read Act would:

Protect the Constitutional rights of students to access information in school libraries

Extend liability protections to teachers and school librarians

Authorize $500 million in Comprehensive Literacy State Development Grants and $100 million for Innovative Approaches to Literacy Programs to help provide needed literacy resources and build strong and effective school libraries

Seattle Public Joins "Books Unbanned"

RF thanks Seattle Public Library for joining the Books Unbanned initiative.

Their webpage beings thusly: “Teens and young adults ages 13 to 26 living anywhere in the U.S. can access our entire collection of e-books and audiobooks. We believe in your right to read what you want, discover yourself and form your own opinions. Fill out the simple form at the bottom of this page to get a Books Unbanned card.”

The page goes on with encouragement to readers to read what they want, to form their own opinions and get involved, and with FAQ’s

Readers may join both Brooklyn and Seattle programs, if they wish, to get the greatest variety of titles to choose from.

Neither will ever tell anyone who is in the program or what each person is reading.

Digital books are a censor’s dream. Imagine being able to shut down access to thousands of titles at once. Yikes! But they are also a powerful arrow in the quiver of those fighting for the right to read. Censors may ban in libraries locally, but anyone with internet access cannot be stopped from reading what they like—paid for by libraries for the good of readers.

We cannot cease from effort while banners challenge fundamental democratic rights. The digital divide guarantees that many will not have access to Books Unbanned, even through their local library many not be able to offer print versions of titles. Start by telling Congress to support the Right to Read Act. Fighting for the right to read is democratic. Censorship is authoritarian. Fighting to teach the truth of our history is brave and even patriotic. Fighting to enforce narrow-minded and small-hearted ideologies is cowardly and undermines the Constitution. The battle is that clear and that important. We cannot afford to lose.

A Busy Week In Congress

Thank you to Alan Inouye, Senior Director, Public Policy & Government Relations and Interim Associate Executive Director, for an update on a busy week for legislation in Congress:

Right to Read Act of 2023

Sen. Reed and Rep. Grijalva introduced the Right to Read Act of 2023 on Wednesday. This bill would highlight the importance of certified school librarians in schools and increase the authorization for funding beneficial to school libraries. Additionally, the legislation also protects the Constitutional rights of students to access information in school libraries, extend liability protections to teachers and school librarians, and improve federal statistics on school libraries.

Reed release, Grijalva release, and ALA release.

Prison Libraries Act of 2023

On Tuesday, Reps. Emanuel Cleaver, II, Sheila Jackson Lee, and Shontel Brown introduced the Prison Libraries Act of 2023. This legislation would establish a new program to provide grants to state prisons to create or develop libraries.

Cleaver/Jackson Lee/Brown release.

ALA release.

More Social Workers (MSWs) in Public Libraries Act

On Friday, the More Social Workers (MSWs) in Libraries Act was introduced by Rep. Sylvia Garcia with Reps. Barbara Lee and Hillary Scholten. It would create a grant program that places social work interns and qualified social workers in public libraries.

Garcia release.

Garcia bill H.R. 3006 (text not posted as of May 1 afternoon)

Garcia tweet.

Resolution in the U.S. House of Representatives introduced by Rep. Pramila Jayapal

Expressing support for the staff of this Nation's public, school, academic, and special libraries and the essential services they provide to our communities, recognizing the need for funding commensurate with the broad scope of social services and community supports provided by libraries, preserving the right of all citizens to freely access information and resources in their communities, supporting a strong union voice for library workers, and defending the civil rights of library staff.

Jayapal release.

Jayapal resolution.

Many Members of Congress went public about libraries and National Library Week, which you can find on PPA’s twitter at @LibraryPolicy. Here are a few notables:

Video message from Sen. Shelley Moore Capito (West Virginia)

Video message from Rep. Joe Morelle (New York)

Remarks from the House Floor by Rep. Sylvia Garcia (Texas)

Garcia remarks in the Congressional Record

Finally, ALA PPA held a briefing on Capitol Hill on Friday, on Libraries Build Business: Entrepreneurship and Economic Opportunity. This briefing was held in the Rayburn House Office Building and sponsored by Rep. Thomas Kean Jr. of New Jersey. The panelists were Corianne Rice (National League of Cities); Anna Lucas (U.S. Small Business Administration); Radwa Ali (Roxbury (N.J.) Public Library); Adriana McCleer (Appleton (Wisc.) Public Library).  From the event: Photo1, Photo2, Photo3, and Photo4.

Whew!

Alan

Upcoming Events at Library Futures (and elsewhere)

Our partners at Library Futures have announced some interesting webinars, coming soon to a screen near you. Hope to “see” you at them.

The Athena Unbound Discussion

Information is meant to be shared, and scholarly knowledge is meant to be free. Join Peter Baldwin and our new Research Manager Michelle Reed on May 4 as they discuss Peter’s new book Athena Unbound: Why and How Scholarly Knowledge Should be Free. Register here.

Come Learn with Us!

We are thrilled to introduce our new Library Futures Learning Circles! Join our community and build your expertise in everything from Controlled Digital Lending to Introducing Ebook Legislation in Your State to Negotiation Tactics to Fighting Book and Database Challenges. We’ll kick things off in May with “Ask a Lawyer!” Learn more

Ask a Lawyer

Can you digitize a thing? Can you lend a digitized thing? What the heck is a transformative use anyway? Meredith Rose from Public Knowledge kicks off our first Learning Circle on May 11 at 3:30 PM ET. Come for an casual hour of conversation and empower yourself to answer your own library legal questions! Reserve your spot

Visit the OCEAN!

From the Internet Archive and CDL to Andy Warhol and fair use (with stops for digital preservation rights, sharing collections online, and the Communications Decency Act), the Open Copyright Education Advisory Network’s spring series has you covered for smart talk with smart people. Register today (RF sez, lots of interesting sessions—check it out.)

LF’s Moment of Inspiration: Let’s celebrate the right to repair—and the right to digital ownership!

Digital ownership isn't just important to libraries--it's also crucial to the right to repair. Our friends @iFixit have the lowdown on Colorado's new right-to-repair bill for farmers.

Own your tractors; own your ebooks!