Important Advocacy from Library Futures

Library Futures has launched the ebooksforus site, creating a fun way to explore a problem that is very far from fun: the Big 5 Publishers’ (and many other publishers of academic texts) unfair licensing terms for libraries, terms which are making the sharing of digital content unsustainable for academic, school, and public libraries.

The site has comics and games. The games help teach lessons about the unfair terms and will certainly surprise the public if not librarians familiar with the problem. The cost, “exploding licenses,” restrictive terms, and sharing of library readers’ checkouts all get enjoyable treatment, while links to articles provide background information. Some good template state ebook legislation is provided. A link to the ebookstudygroup, where Kyle Courtney and Juliya Ziskina will customize state legislation, is helpful. The site is well-worth a visit. RF hopes that it will become part of a larger campaign to bring further attention to the need to change state, and ultimately federal laws to give library readers a fair shake. Libraries DO pay for this content, generally much more than the print equivalents. We’d just like the strangle loopholes that allow us to be hijacked for digital to be closed in the name of fairness for readers, many of whom don’t have the wherewithal to buy every book they'd like to read. Copyright has allowed print to flourish for hundreds of year at fair prices. Digital should be offered at equivalent rates.

[Full disclosure: the site points to research posted by ReadersFirst and some of the articles cite quotations from some of our members.]

Meanwhile it is [always] worth mentioning that while we fight for fair licenses, an even larger conflict rages—one in which publishers and librarians are allies: book banning. In “Book Banning Goes Digital: Libraries Suspending Their E-Book Services and the Complications It Poses for First Amendment Doctrine,” Catherine E. Ferri explores how the efforts to ban ebook services complicates First Amendment freedoms to read. RF has long noted that ebooks are a censor’s dream: imagine the joy they would feel taking out thousands of books at once, even if they would miss the pleasure they get from burning physical books. Check out the article. From the abstract:

However, a number of conservative states are attempting to restrict e-book services via legislation or blanket suspensions. This Note aims to make sense of e-book services and book banning against the backdrop of the First Amendment. Part I argues e-book services should be considered extensions of public libraries and public school libraries. It draws analogies from other, more established areas of law to propose e-book services are a part of the library under a nexus theory or another theory of government reliance. Part II argues banning or suspending a full e-book service is comparable to banning or suspending access to a whole section of the library to target one book—a violation of the First Amendment because it is politically motivated viewpoint discrimination.

More importantly, join the fight! If you live in one of the many states with a Freedom to Read bill, advocate for it. If you live in a state trying to legislate against the Freedom to Read, advocate against it and share the important digital efforts to subvert censorship, Books Unbanned and the Banned Book Club. No one has to read a book, but no one should be able to tell others what they can and can’t read.

Unlimited Listens

RF is always interested in license arrangements that offer value for libraries, especially as rising costs make digital increasingly difficult to sustain for many libraries.

We therefore pass along news from Unlimited Listens:

Unlimited Listens & The Palace Project

Delaware based Unlimited Listens, LLC is launching a genre based audiobook program to U.S. Public libraries in partnership with The Palace Project. The initial offering will feature over 3,500 titles.

The catalog includes Christian, Classics, Children’s, Westerns and Clean Romance titles from a portfolio of more than 60 publishers. More than 50 titles per month will be added to the Unlimited Listens offering.

Unlimited Listens plans to offer Spanish, Self-development, and other catalog verticals by Q4.

Unlimited Listens offers the library a tremendous value with its unlimited access subscription model. Subscriptions through the Palace Project app start as little as $500.

To learn more please visit booth #517 during the upcoming PLA conference in Columbus

They have a website with some details.

The ability to offer unlimited simultaneous access for a reasonable cost, especially without having to pay for every use, is attention grabbing in the day of $135 for two year/1user at a time audiobooks. This could be a great content addition for libraries that use Palace, and yet another reason to consider the Palace app. Patrons may not find the latest best seller this way, but the fare has the prospect of attracting audiences looking for inspirational and Spanish titles. RF will try to post a titles list. If you are going to PLA, Booth #517 seems well worth a stop.

Webinar of Interest

Please consider joining us for a (free!) webinar:

Collaborating for Access: Libraries and Independent Authors

Thursday, February 1, 2024, at 3p ET

At our seventh in the Collaborating for Access series of webinars presented by COSLA, DPLA and ReadersFirst, we’ll look at ways libraries can drive discovery of and benefit from the inclusion of self-published titles in their collections. Highlights will include a look at the Indie Author Project, the Indie Catalog Selection in Palace Marketplace, and insights from library leaders and independent authors themselves.

Speakers will include:

Tyora Moody, Independent Author

Nash Steele, BiblioLabs Indie Author Project

Miriam Tuliao, DPLA Curation Corps

Kelvin Watson, Executive Director, Las Vegas-Clark County Library District

Moderated by Michael Blackwell, ReadersFirst

Please register here.

Toward a digital library ownership model

If priced fairly—a HUGE if—licensing of library digital content is useful and even helpful. But all too often, libraries end up having to re-license books they have already paid for once, or twice, or even many times, often under ruinous terms, at least when compared to our ROI in print. Are you tired of the paying over and over, of the keeping track of what and how often you’ll need to renew, and of seldom being able actually to EXPAND your digital collection?

Me too!

That’s why this news from the Digital Public Library of America of an ownership model is so welcome. Here’s a link to the full story—well worth a read!—and here’s the most important part of today’s announcement from the DPLA’s Micah May:

While the intellectual case for library ownership is strong, practical solutions have been difficult to come by. In particular, few libraries have the capacity, or interest, in building the tech infrastructure required to host hundreds of thousands of ebooks. Thankfully, one thing has changed since library ownership was first pioneered a decade ago: We now have a library-driven platform for management and delivery of e-content, The Palace Project. Having heard the renewed interest from libraries in ownership of digital content, we set out to explore whether The Palace Project platform could offer a solution.

In short, in the model we are developing, libraries would own the titles, just as they do with physical books. Libraries would be able to both transfer their books to other libraries and to update books as needed for preservation or to adapt to new formats. Rights holders would retain copyright to their works and all subsidiary rights. Lending would be restricted to one reader at a time with Digital Rights Management (DRM) unless waived by the rights holder.  We would also provide libraries the option of hosting their books in Palace Marketplace or another provider.

We are developing this model through conversations with a number of leading librarians and legal experts, including at a workshop this fall convened at NYU by Jennie Rose Halperin of Library Futures. We have also been discussing this model with publishers and book distributors; while these conversations are in an early stage, we are buoyed by the feedback we are receiving. We hope to be able to roll out an implementation of this model in the first half of 2024. If you’d like to talk more about digital ownership or The Palace Project, please reach out to me at micah@dp.la.

A variety of fairly priced models, with ownership, metered licensing, and subscriptions/pay-per-use could help libraries use their limited $$$ wisely. Owning might, for example, perhaps initially cost more but allow for long-term preservation while short-term demand would be met by other options. Ownership could make many purchases that seem less viable under licensing seem attractive, bringing greater attention to newer, perhaps more diverse authors. Publishers, we won’t spend less if you give us better deals. Why not try something new?

More Whoppers from the AAP

MassLive’s Alison Kuznitz has explored Massachusetts’ efforts to enact a law for fair library ebook pricing in “Publishers look to make edits to Mass. lawmaker’s E-book access bill.”

RF commends State Rep. Ruth Balser for her efforts to give library users a fair shake in a market that is all-too unfair.

As usual, the Association Of American Publishers (AAP) have provided opposing testimony riddled with falsehoods.

Here are the claims, according to the article: “the proposals conflict with the U.S. Copyright Act, which protects the distribution of literary works among authors and publishers. Authors would not be properly compensated and intellectual property would be devalued should the bills move forward” ‘They [ebooks] can be easily copied, made perfect copies, made unlimited number of copies, that publishers approach their licensing of e-books to libraries for digital lending in a different way than physical books’.”

How are these lies? Let us count the ways.

Conflict with the U.S. Copyright Act? Nope. As explained by Authors Alliance Dave Hansen, in the article: “This bill does no such thing -- it’s carefully and narrowly crafted. It doesn’t compel publishers to license. Instead, it merely provides that Massachusetts and its contract law will not be used to aid publishers in their efforts to limit libraries’ rights.” Publishers can publish what they want and charge what they want. They just can’t license in this state except under fair terms. Saying this law would be a violation of copyright doesn’t make it so.

Authors not compensated? Nonsense. If we could get fair terms, librarians would if anything license more. MORE authors are likely to be compensated,, especially authors who may not be best-sellers, as libraries get more varied and deeper content. The income would simply be distributed differently, but the total amount of income might well grow. Possibly readers would discover—and ultimately buy—more books. Publishers could easily ensure more authors were compensated. Don’t blame libraries for your greed.

Intellectual property would be devalued. No, costs would simply reflect what publishers get from print in libraries rather than the inflated prices of the current unfair licensing.

Piracy from library ebooks? Ha ha ha ha ha! Bogus! Piracy is a problem, but please show us how it stems from library ebooks. They are digitally protected and the people borrowing them don’t need to pirate. I could claim that if publishers offered fair terms, there would be less piracy because more people would borrow legitimately with as much authority as the AAP can cry piracy. I won’t make that claim. There’s no proof. But please show proof of instances of piracy stemming from library ebooks. I’ll wait.

How can anyone believe these transparently weak claims?

Here’s one last one: “This legislation threatens the entire creative economy.” No. This legislation would stop the plutocratic international mega-corporations that control publishing, too often at the expense of creators, from ripping off libraries and trying to drive readers from libraries and force them to pay for books they will never really own.

Good on you, Massachusetts!

Books Aren't Being Banned?

The American Library Association sent an email saying a witness at a congressional hearing claimed “books aren’t being banned.” It seemed such a bizarre claim that I checked it out. Lindsey Smith, a leader in the Orwellianly named “Moms for Liberty” group did say “I would like to address the lie that parental groups and Moms for Liberty are ‘book banning.’ If removing a sexual explicit book from school libraries is what you see as book banning, then you need to reevaluate your language.”

That spinning sound you hear is poor George once again revolving in his grave.

That’s an interesting argument. I’ve heard it argued that removing a book from a library isn’t “banning” because anyone can still “buy the book from Amazon.” That’s bogus. You’ve removed access to a book from someone—someone who may not have the financial wherewithal to buy the book—who might want to read it and put it behind a pay wall. The government may not have banned the book. In that location, you HAVE. And if a person uses an organized political movement to intimidate and demand removal of books that professionals have deemed worth reading and many might wish to read to help understand themselves, you are banning the book. Or at least trying. Fortunately, many others are fighting to keep First Amendment rights, with one person not dictating to others what should and should not be available in a library.

How is removing award-winning books from libraries based on content you object to—but many others do not—not banning, in that time and place?

But why expect logic, I guess.

Speaking of objections, it might be asked what this has to do with ReadersFirst and library digital content. The answer of course is everything. Digital content platforms are a book banner’s dream. Imagine being able to remove thousands of book without even having to burn them?

So, while RF assumes people interested in library digital content are already signed up, we again share the ALA’s plea to fight the banners:

Don't let the book ban deniers win. Tell Congress to support librarians and educators by opposing book bans and share with your community to bring new people into our pro-freedom to read movement:

Tell Congress: I Stand for the Freedom to Read

Book ban denialism is dangerous, and it's dead wrong. In our preliminary data on 2023 book challenges, we found some troubling results:

  • Book bans have increased by 20% from the same point last year

  • Book challenges are on the rise in public libraries, and accounted for 49% of those documented by ALA's Office for Intellectual Freedom (OIF), compared to 16% at the same point last year.

  • "Serial book banners" are also on the rise, with 11 states reporting challenges of 100 or more books - up from 6 last year.

So, in the face of continually rising challenges, how do we resist?

We fight back by growing our movement and showing that the vast majority of Americans stand for the freedom to read diverse and challenging books. Help grow our movement by clicking below, writing to Congress, and sharing with your community:

Resist Book Bans Now - Write to Congress, then Share!

Transcript from DPLA/COSLA/ReadersFirst "Collaborating for Access # 6"

Here's a link to the recording of the most recent DPLA/COSLA/ReadersFirst "Collaborating  for Access": www.youtube.com/watch?v=vPqbEKTSRJI

What do librarians REALLY want from publishers, and how can smaller and independent publishers create a better ecosystem? In our sixth Collaborating for Access webinar, COSLA, DPLA, and ReadersFirst are partnering with the Independent Publisher Caucus to bring together librarians and smaller and independent publishers to explore how they can work together to provide greater access for patrons. Topics will include: Opportunities for independent publishers in the library market; licensing options that are most attractive to libraries; and ways that libraries and independent publishers can work together to mutual benefit.

Licensing to meet best-seller demand from the Big 5 is not working for us. We can offer fewer titles unless limited budgets are stretched to breaking point. Collections suffer in depth and diversity. Enhancing our use of medium and smaller publisher offerings can benefit authors . . . and us, with studies showing that collections grow, “power user” patrons read more, and circulation rise without cost increase. It will require developing more discovery methods and highlighting of available high-quality but lesser known works. Hey, our readers have to wait for the most popular titles anyway. Let them wait a little longer and give everyone more to choose from. Maybe YOU will help create the next best-selling blockbuster.

Rally for the Right to Read

Penguin Random House, Booklist, and the ALA’s Unite Against Book Bans are hosting a special event today:

TODAY
Join us for Rally for the Right to Read:
A Banned Books Week Event

TODAY at 2 PM ET, join Penguin Random House, Booklist, and Unite Against Book Bans for a special Banned Books Week event as we premiere the video of Ibram X. Kendi’s motivating and moving speech from Rally for the Right to Read at the 2023 ALA Annual Conference.

Get a sneak peek of Dr. Kendi’s speech.

Introduced by Tracie D. Hall, Executive Director of the American Library Association, in conversation with Chris Jackson, EVP, Publisher, & Editor-in-Chief of One World—this hour-long webinar will celebrate the right to read and librarians’ role in providing access for all.

Learn more and register for free here.

While digital content can reach into areas where books have been removed from library shelves, we’ll all be stronger for fighting for this fundamental right everywhere. I attended and saw Dr. Kendi at the ALA Conference. His speech is well worth a listen!

A RF/COSLA/DPLA Webinar of Interest

Collaborating for Access: Libraries and Indie Publishers

Oct 5, 2023 2 PM EST

What do librarians REALLY want from publishers, and how can smaller and independent publishers create a better ecosystem? In our sixth Collaborating for Access webinar, COSLA, DPLA, and ReadersFirst are partnering with the Independent Publisher Caucus, to bring together librarians and smaller and independent publishers to explore how they can work together to provide greater access for patrons.

Topics will include: Opportunities for independent publishers in the library market; licensing options that are most attractive to libraries; and ways that libraries and independent publishers can work together to mutual benefit.

 Please register here: https://dpla.zoom.us/webinar/register/WN_Ilpuml7FQ6iVUlqYnumiIA

Claire Kelley

Seven Stories Press

Director of Marketing

sevenstories.com

Hope to see you there! 

Library Futures Announces Some Webinars of Interest

 https://nyu.zoom.us/webinar/register/WN_goFgKmeUT1G2qWjwEhZktw#/registration

 Unacceptable Loss: Video Game Preservation in Libraries and Archives

Join Phil Salvador (Video Game History Foundation), Laine Nooney (NYU and Unboxing Pod,) and Meredith Rose (Public Knowledge) to discuss Salvador's new report "Survey of the Video Game Reissue Market in the United States."  Our results question whether the commercial market alone can adequately preserve the medium of video games, particularly for the needs of researchers. While this study does not make specific recommendations for improving the state of game availability, it instead offers statistics that can guide future discussions about the role of cultural institutions in video game preservation.

 

https://www.eventbrite.com/e/exploring-the-anti-ownership-ebook-economy-tickets-668163594297

 The Anti Ownership Ebook Economy

The Engelberg Center's recent report The Anti-Ownership Ebook Economy: How Publishers and Platforms Have Reshaped How We Read in the Digital Age explores the forces shaping today's ebook landscape. We will discuss the forces that have shaped current licensing models, how those models impact data flows and privacy, and how the relationships between publishers, platforms, and purchasers influence the ecosystem. 

 

https://docs.google.com/forms/d/e/1FAIpQLSdJeBcl9D_swntdv1ZLNz0JyZG7AHYORv2rjD5TY1Dsq0rEZQ/viewform

Open Educational Resources for Public Libraries 

Open educational resources (OER) have gained traction at colleges, universities, and K-12 schools. But with an emphasis on textbook prices and affordability, OER's primary talking points have missed the mark with public libraries. Still, there are ample opportunities for open education to find a home in public libraries, from programming and digital literacy to makerspace repositories and more!

 

Join us for an informal conversation with Alex Houff (Digital Equity and Virtual Services Manager at Baltimore County Public Library) and Alex Sharp (Director of Library and Information Services at Tennessee Wesleyan University). This learning circle will be facilitated by Michelle Reed, Library Futures' Research Manager and former Director of Open Educational Resources at the University of Texas at Arlington Libraries.