"I can’t remember the last time a major publisher [MacmillanUSA] took an action so widely and loudly reviled by customers and readers alike" in Pondering the State of Digital Publishing in Publishers Weekly

https://www.publishersweekly.com/pw/by-topic/industry-news/publisher-news/article/82245-pondering-the-state-of-digital-publishing.html

Burlington [Mass.] Public Library Director Michael Wick called the Macmillan move “unethical”

https://burlington.wickedlocal.com/news/20200124/burlington-library-director-macmillan-e-book-embargo-bad-for-libraries

Continuing pushback by Multnomah County (Ore.) Library against Macmillan embargo

https://www.oregonlive.com/books/2020/01/multnomah-county-library-users-love-ebooks-audiobooks-oregons-2020-pacific-northwest-book-award-winner-2-new-books-about-sports-history.html

And pushback from Buffalo, NY and Waterloo, Ontario, Canada:

https://buffalonews.com/2019/12/19/new-e-book-rules-called-discriminatory-to-library-readers/

https://www.waterloochronicle.ca/opinion-story/9812272-ebooks-gaining-popularity-in-digital-era-but-restrictions-hinder-accessibility/

February 08, 2020

Legislative Developments in Library Digital Content

February 08, 2020/ Michael Blackwell

Julie Holden, Assistant Director for Cranston Public Library has posted that the Rhode Island Library Association hosted a roundtable with Congressman David Cicilline. Cicilline, who has been getting notice for his investigation of the tech giants, said “As the Chairman of the House Antitrust Subcommittee leading a bipartisan investigation into the state of competition in the digital marketplace, I’m particularly interested in potentially anticompetitive practices harming libraries and their users, especially in Rhode Island. I’m grateful that the Rhode Island Library Association put together today’s roundtable so we could discuss these issues in detail. I look forward to continuing our work together as the investigation wraps up and legislative fixes are introduced later this year.”

Brianna McNamee, Director of Government Relations & Advocacy for the New York Library Association, notes that Senate Bill S7576 is in the New York Consumer Protection Committee. Sponsored by State Senator Rachel May, the bill has these provisions:

This bill amends the general business law by adding a new section 349-g that requires publishers to offer electronic books to public libraries under reasonable terms. Subsection one establishes definitions for elec- tronic books and publishers. Subsection two requires publishers to offer e-books to libraries on reasonable terms that permit libraries to provide patrons with access to said books. Subsection three defines what shall and shall not constitute reasonable terms for e-book licen- sure. Subsection four deems violations of this section as deceptive practices with applicable remedies. Section 2 sets the effective date.

ReadersFirst thanks Congressman Cicilline and Senator May for their advocacy and hopes for the passage of the legislation in New York. Having legislation in the state where many publishers are located would be a great step towards equity in access to digital content.

Other legislation or legal appeals appear to be in the offing. RF will report on them as details become available.

January 29, 2020

Follow-Up to two ALA Sessions

January 29, 2020/ Michael Blackwell

Andrew Albanese from Publishers Weekly has a detailed post on “ALA Midwinter 2020: Macmillan CEO John Sargent, Librarians Spar Over E-book Embargo.”

Mr. Albanese objectively reviews the position from both Mr. Sargent and the librarians who came to question him.

In his talk, Sargent insisted the embargo wasn’t designed to “punish” libraries, but was an honest effort to correct what he sees as a troubling, emerging imbalance in the digital marketplace. To restore balance, Sargent told librarians, the publisher had basically two “levers” at its disposal: pricing, and availability. With library e-book prices already high, Sargent said Macmillan executives “did some math” and concluded that tweaking the availability lever seemed worth a shot.

Sargent added that the embargo will continue for now, that it was based in part on data collected from Amazon {probably incuding Amazon data from Kindle use in OverDrive], that librarians will not be able to see the data, but that Macmillan might be open to change at some point.

LIbrarians challenged the accuracy of Sargetn’s claims about the data results, dismissed the comparison of digital and print models, argued for improved access (especially for those with economic need), and suggested Macmillan should work with them on developing an effective license model.

Albanese closes with two points for thought:

. . . the session was useful. Not only did librarians get a better sense of what was motivating Macmillan to explore this change, librarians now have a better sense of what's happening in the market. Many librarians PW talked to said they shared the blame for not engaging the e-book issue with publishers more forcefully in the last few years. And librarians now recognize the broader challenge librarians face: Amazon.

And, as Texas State librarian Mark Smith noted at the end of the session, the embargo also presents an opportunity for librarians to think more deeply and creatively about the library's role in the marketplace.

"Why should librarians rush to develop a new model, to work with you, until we know also what the results of your experiment is going to be? Especially since we don’t see other publishers joining you at this point," Smith asked Sargent, toward the end of the session. "There’s a world of material in libraries besides Big Five content that is pushed by celebrity influencers. I just think that maybe the library community might take this opportunity to see, one, what influence libraries really have in the marketplace, and two what other options we have to provide reading material to our customers."

That last point is perhaps the most noteworthy takeaway of all.

American LIbraries also summarized the #EbooksforAll update session, with notes on ALA advocacy, how to quanitfy library marketing efforts, and a thought from Columbus Metropoloitan LIbrary CEO Patrick Losinski: “Losinski, CEO of Columbus (Ohio) Metropolitan Library System, said Sargent’s Midwinter AMA session was positive first step and that more conversation will ultimately help both sides. “We are very decentralized as a profession on this,” Losinski said. “It’s one of the reasons the change we’ve been trying to advocate has been very slow.”

The time to unite is now!

January 29, 2020

Digital Book World Enacts an Embargo of Its Own

January 29, 2020/ Michael Blackwell

Digital Book World has enacted an embargo all its own: until Macmilan lifts its embargo of full access to digital content for libraries, Digital Book World has banned Macmillan employees from attending or speaking at the Digital Book World Conference and created a scholrship for librarians to attend as well. Said Bradley Metrock, CEO, Score Publishing:

here's Macmillan CEO John Sargent, who waltzes in to a recent American Library Association conference and dares to hold court with angry and frustrated librarians while failing to prepare in any way for the session. No slides, no data, no nothing.

As disrespectful as that is by itself, he continues to make the claim that by giving libraries unfettered access to purchase Macmillan titles in digital format, the company would lose money. Amidst a barrage of b-school five-dollar words, he speaks of an imbalance in library lending that is damaging publisher profitability.

It's disingenuous, and it's false. It merits zero further discussion.

Somehow making this stance even dumber is that even if revenue gains were realized from the act of embargoing books from public libraries, that value is instantly outweighed by the PR fallout from all the negative publicity Macmillan has received by taking this action.

It is our absolute privilege to ban all Macmillan employees from attending or speaking at Digital Book World until the company's library embargo is lifted and they fully comply with the requests of the American Library Association. This ban goes into effect immediately for all of Macmillan's many imprints and subsidiaries, as well as for employees of the parent company, Holtzbrinck Publishing Group.

This ban may last for a few days, or it might last fifty years, but we yearn for a time when we hear of major publishers doing nothing with libraries other than graciously partnering with them and showing heartfelt gratitude for cultivating their revenue stream known as lifelong readers.

Thank you, Mr. Metrock. We at RF yearn for that time, too!

January 25, 2020

Some Innovative License Models from DPLA

January 25, 2020/ Michael Blackwell

RF sat with Jill Blades and Micah May of DPLA to hear more about some innovative models available through the DPLA Exchange, a non-profit library digital content platform.

“The models came about, “ May explained, “because we asked. The publishers proved to be receptive. They told us, ‘Hmm, nobody ever asked us for that before’.”

First, Workman and now Abrams Books have agreed to variable models through the Exchange:

A Perpetual Access One-User-at-a-Time model is available
A 40 lend (only by circ, with no time limit) model is also available. Up to 10 circulations at a time can be simultaneous.

Independent Publishers Group (IPG) is epxected to join with these models in spring, with yet another “sampler” option: libraries will be able to get a 5 lend bundle of titles to gauge interest.

Also worthy of mention is the arrangement with Biblioboard (“Just click and Read!”), under which libraries pay $10 per 20 titles, and the titles are always available, use is simultaneous for all, and the ebooks never expire for the user. 16,000+ titles are available.

The DPLA Exchange is now also offering audiobooks, which will be also available through the SimplyE app sometime in spring or summer, and has vastly exanded its non-English offerings.

As ReadersFirst has long advocated, variable licenses with a perpetual access offering (perhaps slightly more expensive but worth it) and other (metered) options allow us to use our funding most efficiently. We can license based upon demand but still ensure long-term access. Publishers that work with us are likely to find their library sales grow, unsure better long-term visibility for theri titles, and yes, earn money for authors. Thanks to these publishers for their flexibility and for the DPLA for innovating.

More details on the audiobooks as they become available through SimplyE!

January 25, 2020

Carmi Parker's Macmillan Update for 1/24/2020, A Renewed Call for A National Digital Library and a Brief ALA Impression

January 25, 2020/ Michael Blackwell

In her weekly update, Carmi Parker, ILS Administrator Whatcom County Library System, notes that 5 more libraries/systems have joined the Macmillan Boycott. 4 of the 5 are from Virginia—the Old Dominion is showing that revolutionary 1776 spirit again in 2020:

City of Calabasas Library (CA) 1 branch, 24,000 population served; Pamunkey Regional Library (VA) 10 locations, 154,000; Blue Ridge Download Consortium (VA) 6 locations, 414,000; Richmond Public Library (VA) 9 locations, 229,000; Newport News Public Library (VA) 5 locations, 179,000.

Also from Ms. Parker:

Impact analysis: Our detailed boycott impact analysis received 438 page views in the last week, and we have received positive feedback from several libraries. The shorter version that we published on ReadersFirst was picked up by InfoToday.com as well as a blog/bargain eBook site called The Fussy Librarian.

Reader behavior: For those interested in data on how people like to read, how they choose what to read, where they go for books, how they use the library, and much more, the Library Journal summary of their generational reading survey is highly recommended.

Amazon’s influence: If you are generally interested in how Amazon is changing traditional publishing, take a look at this article in The New Republic, “Can Amazon Finally Crack the Bestseller Code?” It references a WSJ article that is also worth reading, “Amazon Publishes Books by Top Authors, and Rivals Fret.” (If you hit a WSJ paywall like me, you can dust off your database searching chops and read it in Proquest.)

Michele Kimpton from DPLA shares an opinion piece from The Inquirer that makes a renewed call for two national digital libraries, one public and one academic, to be “funded by the super-rich” in an endowment but also “fees paid by local, state, and academic libraries and others. Special breaks could exist for cash-strapped communities and schools.but controlled by librarians.“ The authors, Corilee Christou and David H. Rothman, argue that library budgets cannot keep up witjh digital demand, that libraries would tap into the digital archives rather than be supplanted, with library-minded people controlling selection and preservation to ensure intellectual freedom is never threatened by narrow local interests/restrictive laws. RF opines that there are many details and possible pain points to work out, but the idea is intriguing. Now, to build a $20 billion endowdment . . . .

Friday is e-book day at ALA, with ALA ASGCLA openg space for RF, the SimplyE Community, and its own Consortial E-Books Interest Group. I’d summarize the mood so far thusly:

Libraries are willing to engage Macmillan (and all publishers) as business partners to work towards common interests.
Macmillan’s embargo is a non-starter. We’ve made a proposal for a model to them, and we’d like to hear a counterproposal. What will it take to end the embargo—just tell us. We can talk
LIbraries need to advocate for a model we would like from the publishers. Since no exisitng single model works, it is likely to be hybrid perpetual use/metered (and perhaps subscription) model. Several medium-sized publishers have worked with DPLA Exchange (Biblioboard, Abrams, Workman) have shown that flexible models can work. If we are ever to partner with Amazon on its “exclusive” content, some new model will be necessary, since Amazon does not think any current library model is good for authors.
While patrons want access to best sellers, we are creating our own problem by constantly investing most of our funds and Readers Advisory work in Big 5 content we struggle to acquire, afford, and maintain access to. We too create best sellers and give visibility. Our best band-for-buck (and our future) increasingly looks like working with publishers that will offer good models at reasonable costs. Many talented authors are publishing in new places. Let’s showcase them.

Other ALA updates will follow.

January 22, 2020

An ALA Update on Policy and Advocacy from Alan Inouye

January 22, 2020/ Michael Blackwell

In “Embargoing Libraries: A Losing Proposition for All,” ALA Senior Director, Public Policy & Government Relations Alan Inouye argues that “Macmillan CEO John Sargent speculates that delaying sales to libraries will be more profitable for publishers. The truth is, it’s a losing proposition for everyone in the reading ecosystem.”

Readers lose, especially readers on a fixed or lmited income or readers with hand or eyesight disabilities.

Libraries lose: “Treating libraries, historically prized and respected community institutions, worse than the general public undermines the reputation of libraries and the value of their diverse users.”

And yes, Publishers and Authors lose too: we share the mission of promoting reading with the publishers, and fewer authors and titles are likely to be discovered.

The publishing industry as whole loses, appearing to be “anti-library and anti-community. “

“ Access to and use of all published works—regardless of format—must equitably balance the rights and privileges of readers, authors, and publishers. Embargoing digital content for libraries serves no one. As we navigate the transition from print to digital in a complex ecosystem and face declining reading levels overall, publishers and libraries can work together to find answers. “

We shall see if reasoned persuasion has any effect.

Mr. Inouye’s update includes several other links of interest:

Congresswoman Pramila Jayapal (D-WA-7th) sends pointed letter to Macmillan CEO John Sargent. She is a member of the Subcommittee on Antitrust, Commercial, and Administrative Law of the House Judiciary Committee--which is undertaking an investigation of competition of digital markets.

https://twitter.com/AlanSInouye/status/1214163347215536128

Summary article on the Macmillan library eBook embargo in American Libraries

https://americanlibrariesmagazine.org/blogs/the-scoop/update-macmillan-ebook-embargo/

Town hall on eBook advocacy hosted by ALA & PLA on December 17

http://www.ala.org/pla/education/onlinelearning/webinars/ondemand/ebooksupdate

eBooks for All! A PLA podcast

http://publiclibrariesonline.org/2019/12/new-podcast-ebooks-for-all/

ARTICLES

Selected recent articles that push back on the Macmillan library eBook embargo--

Atlanta, Georgia: https://www.wabe.org/episode/closer-look-publishers-decision-to-restrict-e-book-sales-impacts-local-libraries-georgia-state-program-offers-higher-education-to-inmates-lost-n-found-youth-opens-new-center-for-lgbtq-youth/

Tewksbury, Mass.: https://tewksbury.wickedlocal.com/news/20200110/local-librarians-say-macmillan-e-book-embargo-bad-for-libraries

Duluth, Minn.: http://www.startribune.com/duluth-leaders-to-publisher-give-us-your-e-books-now/566613871/

Omaha, Neb.: https://www.omaha.com/entertainment/omaha-public-library-macmillan-publishing-is-limiting-your-access-to/article_caa6a77d-239b-587e-90f6-e60356cea4f4.html

Timmins, Ontario, Canada: https://www.timminspress.com/news/local-news/city-asks-feds-to-help-lift-barriers-in-acquiring-more-ebooks

Public Library Ebook And Audiobook Use Rocketed Up 20% In 2019

https://www.forbes.com/sites/adamrowe1/2020/01/09/public-library-ebook-and-audiobook-use-rocketed-up-20-in-2019/#59a21d64579a

Reading Through the Ages | Generational Reading Survey

https://www.libraryjournal.com/?detailStory=Reading-Through-the-Ages-Generational-Reading-Survey

The 2010s were supposed to bring the ebook revolution. It never quite came.

https://www.vox.com/culture/2019/12/23/20991659/ebook-amazon-kindle-ereader-department-of-justice-publishing-lawsuit-apple-ipad

January 22, 2020

A More Detailed Look at the Library Boycott of Macmillan EBooks

January 22, 2020/ Michael Blackwell

Carmi Parker, ILS Administrator for Whatcom County Library System, has announced that two more libraries have joined the boycott, bringing the total up to 79 systems. The new libraries are Anoka County (MN) with 8 branches serving a population of 340,000 and Merrimack Valley Library Consortium with 36 branches serving 779,000.

Ms. Parker and Ms. Coan have prepared a more detailed look at the results of the boycott, which may be found here. While the numbers on the effect of the boycott remain the same, the expansion includes much more information on patron responses, including many positive interactions with library users who have seen library notice of Macmillan’s practices or any of the numerous media articles. Tips for communicating to staff and patrons are also included, with examples such as Fairfax County LIbary’s (VA) information web page. The authors discuss ways to talk with stakeholders, such as library trustees, referencing ULC’s Fair E-Book and E-Audiobook Lending for Libraries. FAQs include information on ALA’s stand, how smaller libraries might help, and the WHY of the boycott (which might seem counterintuitive to libraries’ usual desire to provide access), while an Appendix explains the various types of boycotting that different libraries are trying.

For those interested in the effects of the boycott, details about it, and libraries’ efforts to ensure access, a must read!

January 17, 2020

A Canadian Legislator Takes Interest and U.S. Efforts Seem to be Ramping Up

January 17, 2020/ Michael Blackwell

RF Working Group Member Susan Caron shares Radio Canada International’s report “Libraries and publishers on a different page over e-books and audiobooks” by Marc Montgomery.

Of particular interest is that a legislator is callng upon the Canadian government to investigate:

“This week a federal Member of Parliament in northern Ontario, Charlie Angus of Timmins-James Bay, called on the federal government to look into the issue, writing to the Heritage Minister to seek fairer access rights. Last month Timmins city council passed a motion urging the federal government to assist municipal libraries in regard to the issue.

While understanding the need to support Canadian publishers and compensate authors, libraries say they’re not looking for handouts, but rather a more equitable balance for the producers and for access by citizens.”

Thank you, Mr. Angus, for your efforts! RF, and especially our Canadian members, wish you success.

Meanwhile in the USA, rumor has it that the ALA may be forming a group to share and coordinate legal and legislative efforts at the state level to address access restrictions on content by the Big 5 and Amazon. Librarians in several states have apparently begun to involve their legislatures or employ legal counsel. More details as they emerge!

January 17, 2020

News from Andrew Albanese: "This Week In Libraries," January 17

January 17, 2020/ Michael Blackwell

PW’s Andrew Albanese has documented a busy week in libraries that is, as always, worth a read.

HOUSE BILL NO. 2044 in Missouri has librarians and lovers of intellectual freedom deeply concerned over establishing “five-member boards, elected by a majority vote at local town meetings, that would be empowered to determine what materials are appropriate for minors in the library. Notably, public librarians are explicitly barred from serving on such review boards—even if they live in the community.” The Blue-noses are back—though unfortuately they never seem to leave. Sign a petition against the bill here, but even more importantly, work to make sure any similar efforts in your state get dismissed.
Congratulations from RF to new ALA Executive Director Tracie D. Hall.
As posted on RF yesterday, two librarians are quantifying the results (so far) of the library Macmillan Boycott.
Check out NPR’s report on the Top Ten Circulating Books of All Time at the New York Public LIbrary.
Jason Reynolds has been named National Ambassador for Young People's Literature. Congratulations, Mr. Reynolds—very well deserved!

Thanks, Mr. Albanese, for compiling the news!

News

Alan Inouye's Update on Library Digital Content Matters from 2/1/2020