The Internet Archive Reponds to the AAP Member Suit

On June 1, Brewster Kahle of the Internet Archive (IA) posted a response to the lawsuit launched by 4 publishers against the IA’s Open Library/National Emergency Library:

This morning, we were disappointed to read that four commercial publishers are suing the Internet Archive.

As a library, the Internet Archive acquires books and lends them, as libraries have always done. This supports publishing, authors and readers. Publishers suing libraries for lending books, in this case protected digitized versions, and while schools and libraries are closed, is not in anyone’s interest.

We hope this can be resolved quickly.

Director Open Libraries Chris Freeland has noted that the suit has ramifications beyond just the IA:

While the National Emergency Library is also included in the complaint, the true target appears to be controlled digital lending, a practice we’ve had in place since 2011.

Of note, the complaint specifically excludes “any public, university, or academic libraries” as named defendants; however, given the scope of the complaint the outcome of this case could have broad reaching implications for the future of libraries. 

 We are disappointed that controlled digital lending is being challenged at a time when its value is clear in supporting the educational mission of libraries and schools.  We are currently working with a team of specialists on our response and next steps. Soon we will be reaching out to let you know how you can help. 

Until then, please do submit any user feedback or testimonials you have about how the National Emergency Library and controlled digital lending have helped your patrons access library materials during the COVID-19 pandemic and beyond.

ReadersFirst supports library use of Controlled Digital Lending and encourages its member and any librarian interested in expanded access to print works not available in digital format, such as many Pulitzer Prize winners from the 20th Century, to respond positively with feedback or testimony.

AAP Members File Suit Against the the Internet Archive

Today, Hachette Book Group, HarperCollins Publishers, John Wiley & Sons, and Penguin Random House filed suit against the Internet Archive (IA).

https://publishers.org/news/publishers-file-suit-against-internet-archive-for-systematic-mass-scanning-and-distribution-of-literary-works/

In announcing the suit, the American Association of Publishers claimed the following:

Despite the self-serving library branding of its operations, IA’s conduct bears little resemblance to the trusted role that thousands of American libraries play within their communities and as participants in the lawful copyright marketplace. IA scans books from cover to cover, posts complete digital files to its website, and solicits users to access them for free by signing up for Internet Archive Accounts. The sheer scale of IA’s infringement described in the complaint—and its stated objective to enlarge its illegal trove with abandon—appear to make it one of the largest known book pirate sites in the world. IA publicly reports millions of dollars in revenue each year, including financial schemes that support its infringement design.

In willfully ignoring the Copyright Act, IA conflates the separate markets and business models made possible by the statute’s incentives and protections, robbing authors and publishers of their ability to control the manner and timing of communicating their works to the public. IA not only conflates print books and eBooks, it ignores the well-established channels in which publishers do business with bookstores, e-commerce platforms, and libraries, including for print and eBook lending. As detailed in the complaint, IA makes no investment in creating the literary works it distributes and appears to give no thought to the impact of its efforts on the quality and vitality of the authorship that fuels the marketplace of ideas.

ReadersFirst has previously posted links suggestion that Controlled Digital Lending has a legal basis. We suggest viewing this page to become aware of the issue: https://controlleddigitallending.org/

One question in this suit is whether the AAP members are suing over the IA’s National Emergency Library (https://archive.org/details/nationalemergencylibrary ), which expanded access to titles, or all Controlled Digital Lending, as practiced in the IA’s Open Library. If the former, we may await the outcome. if the latter, then librarians have reason for concern: CDL offers a way to expand our digital collections within copyright and offer access to titles not offered in digital format by publishers. We should stand with the IA in that event. The publishers have things their way too often, foisting pricey licenses with poor terms for libraries, and we cannot afford to see our ability to provide and ensure the preservation of works be further eroded.

Could this suit lead a reconsideration of the rights to digital works favorable to consumers and libraries? We can hope.

Kelvin Watson, Co-Chair of the DCWG, Takes a Stand

[Disclosure: Mr. Watson is a member of the ReadersFirst Working Group and Working Group members saw and commented upon a draft of his statement]

In “Addressing eContent Issues in Times of Crisis,” an opinion piece in LJ, Kelvin Watson comments upon the state of library digital content during the COVID-19, crisis, addressing the huge rise in demand and the challenges libraries face in meeting that demand. Watson raises important questions:

“as public libraries do more and more in times of crisis to fill gaps in our social safety net, it is time to rethink how publishers and content providers relate and do business with public libraries and their customers. How can those relationships be retooled and reimagined to provide outcomes that are more beneficial for all? Going forward, what will an equitable distribution of electronic media/content for libraries and library customers look like?”

The piece is well-worth a read for librarians. Mr. Watson, Co-chair of the ALA’s reformed Digital Content Working Group, speaks not only as an individual authority but also on behalf of this group, a group which is working to promote better content access for all libraries. RF supports and quotes with favor, however, Mr. Watson’s conclusion:

“As a united group of public service institutions, libraries must ask publishing leaders to join us in creating a model that calls for open accessibility and equity not just some of the time and not just for some of the people, but for everyone, all of the time, under any conditions, in any market, as a matter of industry practice.

While better models are developed, perhaps through legislative advocacy, we can make immediate improvements now, recognizing authors’ needs to be compensated in a time when sales are down and other avenues, such as book tours, are closed. The Big Five publishers should reinstate the option for a perpetual access license. Such a license might be offered at a higher than a metered model but is essential for libraries to build long-term collections as rich as what we offer in print.

The time-based model, with licenses expiring in two years, often results in a very high cost-per-use and discourages the licensing of many titles. It should be abandoned for a circulation-based model, with licenses expiring only after a set number of check-outs have occurred. During the COVID-19 crisis, Penguin Random House is offering licenses on audiobooks in both perpetual and metered models. We salute this practice: it shows that options for variable licenses can be offered. As a gesture of their willingness to work with one of their main customers—perhaps their biggest one—we ask that the Big Five (and other publishers) immediately make these licensing changes, ideally offering both the metered and perpetual options at once.

Arguments that library vendors cannot adapt to these options or that ONIX will not support this change have been proven to be wrong. This change would be a vital step in working together to get content to readers, increasing visibility and ultimately consumer sales, while allowing libraries to develop their best collections.”

RF Working Group Members Talk with the Internet Archive about Service During COVID-19

The Internet Archive’s National Emergency Library has of course created quite a bit of controversy. Various organizations and individuals have attacked it as a pirate site, while others have defended what is on it, at least during the time it is supposed to be live, during the pandemic. Some of the arguments may have some merit, but other points seem less cogent. In “What it Means to Be A Library During COVID-19,” the Internet Archive has answered some criticisms by interviewing three librarians. Coincidentally, all happen to be members of ReadersFirst’s Working Group. We share the piece in hopes that it will provoke thought.

Tell Congress we need digital equity!

An announcement and request for action from the PLA:

Today, we need your help. ALA and PLA are calling on Congress to dedicate emergency funding to address the lack of home broadband access for millions of Americans. Can we ask you to tweet to your Senators today?

The COVID-19 pandemic has brought long-overdue attention to digital inequity, which cuts across rural, urban, tribal, and suburban communities and affects students, families, adult learners, those who can work from home, and (increasingly) those who have lost their jobs. People are scrambling to figure out how to manage the now-virtual world.

As you may have read last week in the American Libraries’ blog, momentum is increasing in both the House and Senate. The “Emergency Education Connections Act” calls for funding for hotspots, routers, modems, and other connected devices such as laptops to be incorporated into the next COVID-19 relief package and funneled through the Federal Communications Commission’s E-Rate program. Public libraries (as well as tribal libraries, K–12 schools, and tribal schools) would be eligible for funding.

We need your help to encourage forward motion and to remind Congress that public libraries are dedicated partners in the mission to support digital equity. ALA's Public Policy and Advocacy office has created a form to help you tweet directly to your Senators. Please take five minutes to tweet your Senators today.

Not on social media? No problem—send an email instead.

With billions of dollars at stake, this is the opportunity to tell your Senators why it is critical for libraries to be funded and empowered to get our communities online.

Thank you for your advocacy, and for all you do to help communities thrive.

Alan Inouye's Policy and Advocacy Updates, May 10, 2020

Thank you to ALA’s Senior Director, Public Policy & Government Relation Alan Inouye for tracking library news, some of which is digital content related:

ALA POLICY & ADVOCACY UPDATES

Broadband is getting traction in Congress for the 4th coronavirus recovery/stimulus bill (sometimes called CARES II). Rep. Meng introduced a broadband bill in the House and Sen. Markey is expected to introduce a similar bill in the Senate imminently. ALA endorses both bills and is advocating to move them into CARES II. Article by Marijke Visser in American Libraries magazine.

https://twitter.com/AlanSInouye/status/1258755809615515649

https://americanlibrariesmagazine.org/blogs/the-scoop/covid-19-filling-learning-gap-broadband-access/

Advocacy for funding for IMLS in CARES II. Letter signed by over 100 House members. Letter co-leads are Reps. Levin, Young, and Grijalva. Letter with over 40 signatures in the U.S. Senate was sent to Senate leadership.

https://andylevin.house.gov/media/press-releases/levin-grijalva-and-young-lead-bipartisan-letter-urging-support-america-s

House Judiciary Committee’s investigation on competition in digital markets coming to a conclusion this spring, says Rep. David Cicilline. ALA submitted comments and has been engaged throughout.

https://twitter.com/AlanSInouye/status/1259423144693174272

ALA formally endorsed legislation to make states and local governments eligible for emergency paid leave tax credits.

https://schneider.house.gov/media/press-releases/schneider-katko-cox-king-degette-introduce-bipartisan-legislation-make-states

Article on how college & research libraries can benefit from the CARES Act funding.

https://twitter.com/ALA_ACRL/status/1258422941164933123

Many ALA Policy Corps members engaged in Virtual Library Legislative Week. Here is Qiana Johnson. Many more can be found on twitter @ALAlibrary or @LibraryPolicy.

https://twitter.com/ALALibrary/status/1257810343524470790

Bohyun Kim on artificial intelligence and other technologies and implications for libraries, in American Libraries magazine. Kim is a member of ALA’s Information Technology Policy Advisory Committee.

https://americanlibrariesmagazine.org/2020/05/01/new-tech-revolution/

ALA submitted testimony to the U.S. Senate about the FY21 budgets for the Library of Congress and Government Publishing Office.

https://twitter.com/AlanSInouye/status/1257224778399825920

ACRL & ALA submitted comments on public access to federally-funded research to the White House Office for Science and Technology Policy.

https://twitter.com/AlanSInouye/status/1258326858480979974

 ALA Senior Policy Fellow Sari Feldman provides a U.S. update and overview about eBooks for IFLA.

https://twitter.com/IFLA/status/1252975672668061696

Third cohort of ALA’s Policy Corps begins—article in American Libraries magazine.

https://americanlibrariesmagazine.org/blogs/the-scoop/meet-the-2020-ala-policy-corps/

Funding available from our Libraries Lead (Grow With Google) initiative for public libraries to improve job services and support for small business.

https://twitter.com/AlanSInouye/status/1257232347814154245

ALA joined Next Century Cities in a FCC filing on the Lifeline Program.

https://www.fcc.gov/ecfs/filing/10420161296478

NEWS AND ARTICLES

IMLS announces new grant program for coronavirus response and recovery.

https://www.imls.gov/news/15-million-imls-cares-act-grants-now-available-museum-and-library-services

"...dozens of Juilliard students who now are quarantined in their respective homes bring a socially distant approach to the classic orchestral composition [Maurice Ravel's Bolero]." Worth a watch if you enjoy the arts--about 9 min.

https://www.youtube.com/watch?v=rqzkn-jX-JU

BISG Holds an Online Conversation Foregrounding the Importance of Digital: GoodeReader Concurs

[Disclosure: Broward County Library CEO Kelvin Watson is a member of RF’s Working Group}

In “From Publishers to Booksellers and Librarians: COVID-19 Accelerates Book Industry Shift to Digital, Interdependence,” Library Journal’s Barbara Hoffert has reported on Book Industry Study Group’s online conversation about the effects of the novel coronavirus on publishing:

“Shuttered libraries and bookstores. Canceled orders and events. Changed workflow, falling revenue, staff layoffs, uncollected metadata, and inability to forecast. A declaration by Amazon (and others) that books aren’t essential. Not to mention clogged distribution channels, with physical books amassing in warehouses as demand downshifts and orders are returned because customers can no longer accept them. These are the challenges now facing the book industry.”

The article relates how Maureen McMahon of Kaplan  observed. “ ‘About five minutes ago, we thought ebooks were boring and that they had plateaued. Now they’re our heroes.’ Musing that print loyalists buying ebooks might be inspired to switch formats, she further praised ebooks as supporting book accessibility generally.”

Libraries are of course a leader in providing digital content, as Hoffert reports on Kelvin Watson’s comments:

For libraries, of course, the online environment is a familiar place, and librarians are simply expanding their presence there. Said BISG board member Kelvin Watson, Broward County Libraries Director, FL, “Digital lending was already an important part of what we are doing, and now it is a significant part. Digital content … is primarily the way that we are able to interact with our communities.”

Watson highlighted his library’s 68 percent increase in juvenile ebook circulation year to date, compared with last year at the same time, and pointed to new ways of providing the on-site learning and gathering functions of the library. As with many libraries, storytime has gone online, which required an entire rethinking of the process, including basics like lighting. As his BISG colleagues fretted about spring titles getting lost in the pandemic backwash, obviating that key act of book discovery, Watson quickly countered, “This is a space where libraries have always been available and how we are still connecting with our communities.”

As libraries reopen their doors, said Watson, “We will struggle with how much of our budget we are now going to be putting into digital resources, digital content, and digital learning and how the communities that support us are going to be impacted” by the pandemic. That, in turn, will impact funding, staffing, and the myriad decisions regarding collection development, programming, outreach, and more that libraries make. But in the end, argued Watson, “The new normal for us will be even more toward offering those digital services we have traditionally offered in person.”

RF encourages you to review the full article for more insights on how novel coronavirus has disrupted the book supply chain and how we might all respond to keep information flowing, but the conclusion that a “new emphasis on book industry interdependence, digital updating, and refreshed focus on end users” among all in the industry seems likely to be true.

Meanwhile, GoodeReader Michael Kozlowski quantiifes libraries’ recent increase in digital circulation in “Libraries are experiencing a record number of ebook loans.” Mr. Kozlowski how some library vendors have made more content free, how some publishers have lowered prices or changed terms, and libraries and vendors are reporting increases in use.

RF is always willing to be hopeful and has given credit to vendors and publishers where it is due, especially since the COVID changes were announced. Past experience, however, suggests caution. When COVID stay-in-place restrictions are removed, will the publishers and library vendors be as generous and willing to try new models as they are during this sad time? Or will they revert to form and make licensing terms and prices ever more difficult to meet? It remains to be seen. An increasing preference for digital, as Goodereader relates, will continue even after restrictions are lifted. If we in libraries cannot find ways to make our digital collections robust and lasting, including a return to perpetual access as one option, we will never be able to meet that demand. We will hasten the time when people will need credit cards to be informed citizens and neglect our duty to provide information to all, bridge the digital gap, and promote the experiment of Democracy. We have used petition and even boycotts. That time may come again. We must see common cause from ALA, from COSLA, from ULC and CULC, from all our partners. We cannot cease from mental fight, nor can any option rest in our hand, till we can build a collection in digital as well as we have in print.

The DPLA Holds and Open Board Meeting/Forum, Announces a SimplyE Webinar, and Adds to Its Catalog of Free EBooks

An annoucement from the Digital Public Library of America, with a webinar recording worth listening to:

The entire DPLA team would like to extend our gratitude to the 100+ members of our community who joined us on Tuesday for our open board meeting. We send special thanks to Katie McCormick of Florida State University and the Sunshine State Digital Network; Mark Smith, Director and Librarian at the Texas State Library and Archives Commission; and Kelvin Watson, Director of the Broward County Library, for taking the time to share with all of us how their organizations are adapting to the difficult circumstances our community is facing. 

We left this call feeling encouraged and newly inspired to meet the challenge of the moment, and, as Mark Smith said, to take on this “once in a century [Eds note—let’s hope it is even less frequently occurring!] chance to inform the narrative about the power of libraries.” Katie shared how she is working with colleagues to imagine and create new collaborations across institutions and with non-traditional partners, as well as utilizing new technologies and platforms to help people engage with cultural heritage materials in new ways. Both Mark and Kelvin discussed the steps libraries are taking to actualize the role of the library as an essential community resource while ensuring the safety of staff. Kelvin also highlighted the importance of increasing access, discovery and delivery of resources and introducing new audiences to digital resources like ebooks and audiobooks.

Our question and answer period included a discussion of new publication models; the challenges facing university press publishing; the need for more library-friendly ebook pricing and terms and the current response from publishers; the essential need to provide for equitable broadband access; and ideas for working with physical collections remotely.  

If you weren’t able to make the call, we invite you to listen here.

SimplyE Webinar: On Wednesday, April 29th, at 1:30 pm ET, in collaboration with Brian Bannon, Merryl and James Tisch Director of the New York Public Library; Lyrasis; and the Community Advisory Council, we will be offering libraries a free one-hour webinar providing an overview of the SimplyE platform and exploring why libraries across the country are introducing SimplyE to their patrons. Please register here.

Finally, as we head into the weekend, we invite you to take a minute to browse our new catalog of free ebooks and download something new to read. These books are all absolutely free to everyone, no login required.  [Eds. note—the book can be found in the SimplyE app, too!]

RF especially appreciates the additions to the free eBook catalog. In a time of increasing need, the DPLA is delivering.

A Quick Look at Penguin Random House's New (and temporary?) Models

PRH Tries an Experiment, or, with apologies to the great Garcia Marquez, Love (Sort Of) in a Time of COVID

On March 17 (the same day that Macmillan announced its change in license models—coincidence?), Penguin Random House announced an INTERIM  DISCOUNTED DIGITAL-BOOK LIBRARY PROGRAM FOR ONLINE PATRONS, EDUCATORS, AND STUDENTS.  The press release noted the following:

To further encourage book reading, especially among students, and to support school and public libraries that are closed with the escalating CV-19 outbreak, Penguin Random House will discount the prices of the e-book and audio book  titles sold through wholesalers to these institutions. This discounting  begins immediately and will be in effect for 90-day period.

“In this time of unprecedented disruption, Penguin Random House wants to continue and to expand our unwavering commitment to public and school libraries the best way we know how: by making our books more accessible for educators and students, especially those engaged in remote learning, and to library patrons everywhere,” said Skip Dye, Senior Vice President, Library Sales & Digital Strategy, Penguin Random House.

Penguin Random House sells its books to libraries through wholesalers, who have been provided with a 90-day temporary-pricing model for its accounts.

The RF Working Group wanted to wait until we saw actual vendor prices before commenting.  It should be noted that while PRH may set a certain price, not every library vendor necessarily reflects that price accurately, and prices listed below may reflect that.

It took some time for price changes to begin showing. One of Canadian members noted two week later “Splendid and Vile was $125 last month; it is still $125 for 24 months, and now they have added $63 for 12.” More recently, however, prices seem to be coming down about 5%. That is good news in a time when many libraries are trying to bolster their digital content to meet greater need when many physical facilities are closed.

Interestingly, Canadian libraries also getting a pay-per-use option, which U.S. libraries are not. At $7 per circ or thereabouts for many titles, it is still prohibitively expensive and we don’t expect t see it used much. Imagine, however, if prices were much lower on, for example, a backlist. Could we see greater use of title we might not be so willing to license for a long term?

Even more importantly, many of our members were happy to see multiple models offered at point of licensing.  Hilary Lewis of Carnegie Library of Pittsburgh noted that an Unabridged Digital Audio of Where the Crawdads Sing was available in OC/OU perpetual license and n a 12 month metered access. She calls the option “very helpful” and says having the option on such a popular title “will help out a ton right now” by allowing greater short term access (get one for the long term and two for the next year while demand remains high). Ann Archer from Ottawa Library agreed, saying “The one advantage is filling the shorter term needs, like added copies from Holds Manager.” Adds Susan Caron of Toronto Public Library, “We’re seeing the multiple options and one-year license, which is good for top-ups.”

E-books are now available in metered licenses for two or one years. In e-book format, Where the Crawdads Sing is available for 12 months and 24 months. The one-year option is still helpful, unlike when a one-year license is the only option. Notes one member of our group, “The PRH models are really working out for us. Right now my strategy is to buy one copy at the longer meter (24 months or OC/OU) and fill holds with copies at the half price (12 month) model. I got an interesting report from OverDrive recently that shows only 5% of titles need copies repurchased after 24 months.”

Dianne Coan of Fairfax County Public Library is also happy to have options: “I am super appreciative of the 1 year model being added to the arsenal and I hope it stays.  I would love to see the eBook do what we are seeing on the eAudio with the ability to select OC/OU or MA [metered access]. I would also like to see all 3 options (Perpetual OC/OU, MA:12, MA:24).  In this case for the eAudio, we chose both more OC/OU and MA copies. Though we previously had maxed out our internal cap on the OC/OU, with increased demand and added budget, we rethought that cap. We then put some into our new “lucky day” [LD] collection so customers might actually see that we are addressing demand. FYI: this particular title all 15 of those LD copies in each format were snaffled up within two hours.”

In short, having options helps librarians provide access more efficiently.  We don’t spend less.  We spend better. More people have a chance to read more titles. Publishers don’t necessarily lose out.  We can make more titles visible, and give readers a chance for the sampling that (anecdotally, at least) leads to more consumer buying.  Thanks to PRH for offering options now. In a time of pandemic, expanding opportunities for reading and to quality non-fiction titles has never been more important. We can hope this period will be an experiment for PRH, in which they learn that offering options to libraries helps their authors, and everyone, so they might continue even after we have won through the pandemic.

BISG Survey

The Book Industry Study Group, which  “works to create a more informed, empowered and efficient book industry in trade, education, professional and scholarly publishers, as well as distributors, wholesalers, retailers, manufacturers, service providers and libraries,” has asked for libraries’ help with a short survey on the implications of the COVID-19 pandemic on the book publishing ecosystem. It takes only 4 min. Please consider responding.

https://www.surveymonkey.com/r/8HMG2R9