Maryland Library Association Releases a Statement

The Maryland Library Association (MLA) has released a statement about the ongoing hearing on its ebook law.

Some highlights:

In her ruling, Judge Boardman noted the following: “Libraries serve many critical functions in our democracy. They serve as a repository of knowledge—both old and new—and ensure access to that knowledge does not depend on wealth or ability. They also play a special role in documenting society’s evolution. Libraries face unique challenges as they sit at the intersection of public service and the private marketplace in an evolving society that is increasingly reliant on digital media.”

In granting the preliminary injunction, Judge Boardman nevertheless indicated that the matter of fair eBook pricing for libraries likely needs to be considered at the federal level. Though we are disappointed with the ruling, the Maryland Library Association (MLA) appreciates Judge Boardman for noting the vital importance of libraries and the challenges we face in the digital realm. As this legal matter proceeds, we hope for continued consideration of libraries’ unique position.

This hearing has shown that the status quo of publishers charging what they want for limited licensing is unjust. Judge Boardman herself said in the hearing, !It does seem to me that there is inequity and an unfairness on how publishers have treated public libraries.” This inequity is on clear display when it comes to the cost libraries, and in turn taxpayers, pay for physical materials in comparison to the restricted access and high costs of eBooks. Under the current model set by the publishers, libraries pay anywhere from $54 to $75 for a two-year license for a single eBook. By comparison, the printed version of the same book would cost a [library] $15 to $18 and not be subjected to a time-limited license. This illustrates the truth to our Attorney General’s claim that this is not a matter of copyright protection, but about “the unfair and discriminatory trade practices of publishers at the expense of public libraries.” MLA will follow the proceedings with confidence in our position and with profound thanks to the Maryland Legislature and the Maryland Attorney General’s Office for their determined stance and support. The legislature’s unanimous support is a reflection of the will of Maryland residents that one should not be required to have a credit card to access information.

To publishers offering “reasonable terms” already, as always we send thanks.

To others, we say this: libraries are not quitting. When all the merits of our side are heard, and with different language in laws as other states learn from Maryland (perhaps even preempting the AAP’s ability to sue), different outcomes are very possible. Coming to terms with us now on reasonable licenses will be to your advantage. There are options other than legislation if we cannot win through at the state and eventually the federal level.

In the meantime, the library community owes thanks to the Maryland Library Association, the Maryland General Assembly, and the Maryland Attorney General for advancing the library position. When people see the facts, the overwhelming response is that the current licensing terms simply make no sense. Nobody has any problem with profit, but profit so out-of-line with the market established by print is unfair. Taxpayers, and of course library readers, deserve better.