A ReadersFirst Position Paper: "Elending Legislation"

Why have eight states (with more in the planning stages) put forward legislation to address library digital content licensing? What do they hope to gain? Pushback from various lobbying groups has been strong and has included some, um, interesting claims, for example that librarians are in league with Big Tech to destroy copyright, that the legislation will harm publisher and author profit and royalties, that library lending is hurting publisher sales, and conversely that library lending is so healthy that nothing could possibly be amiss in the digital market place. Is there any merit in these counter claims?

Various ReadersFirst posts have addressed these questions in the past. Thanks to Carmi Parker, however, we now have a single position paper that gathers the many skeins. You may visit our Position Paper page to download or get it directly here.

This paper does not speak for everyone in libraries and the various legislatures involved. Whatever bizarre theories may emerge about a non-existent “Big Library” coordinating efforts nationally, we are simply not that organized. Our various activities are much more grass roots, with librarians talking to legislators, who see see the facts and determine that something be done. The paper does, however, set out the need for change and discredits many of the claims made by those opposing the various legislative efforts. Librarians will be inspired by the arguments for print-equivalent digital pricing and perhaps work with their legislatures to effect change. Legislators at the state and federal level will find ample justification for action here, though examples from their states will certainly be an added reason. Authors and publishers may perhaps understand WHY libraries are advocating and also perhaps see that negotiation of terms may be beneficial for all. At 31 pages, the paper does require some careful and sustained attention. ReadersFirst hopes you find it enlightening and bracing.