Sundry: A Better Metered License and Know the Risks

In response to the recent joint statement to the Big 5 on library ebooks, Mr. Steve Potash of OverDrive recently announced on LinkedIn that two of those publishers were experimenting with an ebook license based on numbers of circulation (rather than by time, such as 12 or 24 months). He says the following:

“A top priority of our recent advocacy has been addressing one of the most burdensome terms in digital book lending: eBook titles with time-metered access, typically 24 or 12 months for a single OCOU title. The cost and waste this model creates for collection development teams has helped open productive dialogue with the rightsholders who require it.

OverDrive is pleased to share that two of the US Big Five publishers are now live-testing select popular MA24 titles with an option to purchase OCOU units that are not time-limited. Each unit will include a preset number of loans with no expiration date. This model gives libraries clarity upfront and ensures they receive the full lending value of each title they acquire.”

The devil will of course live in the details: a 26 circ model priced at something like $75 won’t earn any resounding cheers. We’ll hold off on celebrating for now, but we do thank Mr. Potash for his advocacy. This COULD be a promising development. We hope so.

Now, sir, any chance of some advocacy for the return of the perpetual access license for Big 5 ebooks? None of them offer that (some still do on audio), and the joint statement gives it the highest priority.

It has been reported to ReadersFirst that an influential vendor threatened librarians at ALA Annual that they would be sued for pursuing ebook legislation. I didn’t see it, so won’t name names, but we encourage all librarians to re-read Kyle Courtney’s spanking of the the publisher threats involving state laws and not to worry about mention of threats of lawsuits from or by any library vendor. As for the vendor—and you know who you are—way to support your customers, pal!

Knowing the ins and outs of digital contracts can be a challenge. We recommend as one resource Understanding Confidentiality and Risk Assessment: A Reference Guide for Everyone, Everywhere by Layla Maurer, brought to us by Library Futures. It was developed developed to support “libraries in contract negotiations. These resources are meant to help librarians understand confidentiality and risk in order to empower them to read, understand, and negotiate library-vendor contracts. Nothing within this guide constitutes legal advice, and, as always, specific questions should be addressed to qualified counsel.” Worth a look by acquistions librarians!