Cheers and Jeers 2022

2022 has been a challenging year for librarians providing digital content. Price hikes, even if small, and unfair license terms—at least compared to most print—mean that we often must offer less for the same amount of money, or even less while spending more. Libraries that used ARPA money for digital won’t have that funding source anymore. Most libraries, fortunately, are seeing an increase in in-person user visits and print circulation as the pandemic becomes endemic. While the visits are of course much desired, they put the pressure on balancing digital vs. more traditional materials spending. We can’t put all, or even most, of our eggs into the digital basket. Let us then begin our list with a CHEER for all librarians who patiently work to get the best return for limited materials budgets, trying to balance the best-sellers with the interesting new or midlist author title, striving for diversity while meeting demand.

A CHEER for the publishers who have started or continue to offer flexible licensing terms. The ability to license individual works differently allows best use of library funding. The holy grail—the ability to get a title both for perpetual use and at a lower cost metered model—remains elusive, at least from the larger publishers, but many smaller or medium sized publishers are working with libraries.

A related CHEER for DPLA for bringing Amazon and Audible unique content through the Palace Exchange libraries, with 3 license options. It would be nice if perpetual access were an option, but having the content, some of it in high demand, is nevertheless excellent. Thanks for working with now 30 or so publishers to provide flexible terms! CHEERS, too, for producing the free COVID archive titles and the “January 6th on the Record” title.

A CHEER for the small but (we can hope!) growing number aof publishers such as Brick House, Pressbooks, Librivox, and Postlight, for “BRIET, a simple, user-friendly system whereby publishers large and small can offer permanent, library-ready digital assets to libraries, for sale or for free distribution.” We have a lot of work to do to figure out how to manage such titles, including bringing them into our digital platforms Still, owning digital at a reasonable price is a welcome idea. A related cheer for Maria Bustillos is in order for her advocacy for libraries this year.

A CHEER for all the states that have brought forward or have been planning ebook bills to get better terms from the publishers. We know of New York, Massachusetts, Rhode Island, Connecticut, Virginia, Missouri, Tennessee, Utah, Nevada, Washington, and Maryland. If I’ve left you off this list, let me know!

A CHEER for Library Futures and Fight for the Future for their advocacy work in support of libraries being able to fulfill their traditional mission in the digital realm. Working with states to sharpen ebook legislation and the 1000+ Author project are excellent work.

A CHEER for NISO for sponsoring work on creating standards for using Controlled Digital Lending with the Interoperable System of Controlled Digital Lending initiative. CDL is and should be legal, and developing ways to share content well with it is a boon for library users.

A CHEER for the New York Public Library and the Brooklyn Public Library for their support of Intellectual Freedom by making ebooks of challenged titles available nationwide. “Books for All” and “Books Unbanned” allow teens to read books they might not be able to access locally because of censorship efforts. Reading wins, censorship—deservedly!—loses

A CHEER for a few of the larger (and not so large) publishers. Penguin Random House extended its pandemic licensing models through at least March of 2023. Hey, PRH, how’s about making them permanent? Scholastic has offered some very good deals on school bundles, as has Annick Press. Blackstone has added three licensing options in the Palace Marketplace. Thanks for helping schools and libraries better meet patron/student needs!

A CHEER for the Internet Archive for its defense of Controlled Digital Lending (for that’s what the publisher suit against the Archive is all about), for starting Democracy’s Library, and for the work towards Building a Better Internet by securing digital rights for libraries.

A CHEER for Mr. Andrew Albanese of Publishers Weekly for covering library stories fully, well, and without bias. His most recent article on The Top 10 Library Stories of 2022 is a fine example and well worth a read.

A CHEER for the Maryland Attorney General’s Office, for defending Maryland’s ebook law. As all our readers surely know, the law did not withstand the legal challenge to it, even though the judge did note that libraries are being disadvantaged by current law. They represented the will of Marylanders and Maryland legislators well in the fight to get more fair terms on library digital content. We’ve all learned from this event, and we (and other states) WILL be back with a law that will withstand a challenge.

We are RF are generally a CHEERful lot at year’s end, but we do alas have a few JEERS to make.

A JEER for price increases. As noted in our News earlier this year, many large publishers are increasing library ebook prices. Why? Are there additional costs associated with producing them? Doesn’t seem that there would be. Can’t blame this one on supply chain issues. As if licensing terms weren’t already bad enough. It’s not been the best year for library digital content.

A JEER for the four publishers suing the Internet Archive over CDL, with an additional raspberry for the AAP. The jeer isn’t for the suit itself, though you could have dropped it after the IA shut down the National Emergency Library. It’s for the disinformation that is being employed in the suit and that you tell your authors. The books are reproduced without “paying rights holders”? Nope. They are books. They are being circulated one at at time. Every book was paid for at some point. This is a legitimate use of library materials. The effort to license everything under the guise of the books somehow being different because digital is a disservice to readers and a prime example of why the copyright laws desperately need to be reworked. The added AAP raspberry is not for fighting Maryland’s ebook law—that just their job—but, as noted in The New Republic, for giving an award for distinguished service to a book banner. Isn’t that a great way to support the First Amendment!

The biggest JEER goes to the at least 12 states (and 34 separate bills) with legislation aimed at restricting teaching about sexuality, gender, and race/ethnicity, not to mention Louisiana’s “rat out a library tip line.” As NYT investigates, these are not grass-roots efforts. The focus on BIPOC and LGBTQ+ authors/titles show the clear and repressive political motivation. A huge CHEER, then, for librarians everywhere, fighting for the freedom to read, even as we are vilified and even threatened. Hey, critics—where does most abuse occur? Look in the home. Look on the smart phones. It ain’t in the library and ain’t fostered by the books you are trying to ban. We know that not every book suits every age of child, but you don’t get to say what is right for other people’s children . . . as if the motivation really were protecting children and not your political aims.

Happy Holidays to all from RF! Thanks to all who earned cheers. Keep up the great work. May 2023 be better for library ebooks than 2022 generally has been. I’m looking forward to some new state laws that might begin to level a very tilted playing field.