Interesting Law Article on Library Ebooks
/Thanks to Jeremy Johannessen of COSLA for sharing an interesting article.
I caution up front that it is a VERY deep dive (38 pages); however, if you’d like a legal perspective on state efforts to promote a fair library ebook market, it is worth a read.
There are some minor errors. For example, we in libraries now do have access to Audible titles through Palace.
The article ignores some very capable recent advocacy efforts by librarians with this statement, though on the whole it is true: “Finally, librarians need additional training on how to be better advocates for libraries against aggressive, seasoned copyright attorneys.”
We often see a majority of legislators persuaded by library talking points. Maryland, for example, did not have a single negative vote against its legislation. We need to learn better to watch for and fight against procedural tricks by a minority of legislators that have derailed some bills..
I take some issue with the first half of the following statement (we did have legal advice in Maryland, and the authors themselves say there were mistakes in the Maryland judge’s reading of the laws), but the second half of the statement is certainly true: “Maryland made mistakes in how it drafted its statute and defended the subsequent litigation brought by publishers, but publishers marshal more formidable resources than public libraries, including regulatory capture in the U.S. Copyright Office.”
Yes, we are up against billions of $$, some of which has apparently been put in to the coffers of those who wish to derail state efforts to create a more fair market for libraries.
While banning efforts and our fight against them are and should be our main effort, fair ebook prices remain a big issue. I hope that Maryland will once again join the other state efforts someday. But if even one state were to pass the revised language, it might at least prompt federal action.
But enough nit-picking, The article is an excellent review with some good suggestions. It’s conclusion is powerful:
Libraries are the bedrock of a free and educated society. Despite providing publishers with millions of dollars in annual revenue, incalculable amounts of free publicity, and developing their customer base of readers, libraries are punished by publishers with unfair and punitive terms for purchasing and licensing digital books and audiobooks.
It is clear from the current multitude of state legislation that state legislators care about helping libraries. State legislatures should look to the Library Futures model statute to create a statute that creates fairer contract language. The model statute’s improved language will pass legal scrutiny where Maryland’s statute failed. Libraries should also consider leveraging price-gouging statutes and AG multistate litigation to counter publisher abuses. Finally, librarians need additional training on how to be better advocates for libraries against aggressive, seasoned copyright attorneys. A successful legislative and litigation strategy will allow libraries to continue to thrive and fulfill their missions in helping all to access knowledge and learning.
Let’s work to make it so.