A Library Copyright Statement about E-books

Paula McKinnon, Interim Director of Califa, has released a statement on copyright of library digital content that ReadersFirst strongly supports. Here it is.  RF encourages you to support copyright reform to benefit libraries as we try to share content in an increasingly digital world. Look for ways to get involved on this website and in news that will spread in the library world.

“We need your help!

As we all know, libraries have a great track record as stewards of the public good by encouraging the expansion of knowledge through sharing and preserving access to copyrighted and public domain printed works. We buy stuff. We put it on public shelves. We promote it. We lend it. We take care of it. 

With digital works, things are less clear.  The Copyright Office is taking input (in private) and talking about rewriting key parts of the act (with specific focus on Section 108 – the “exceptions” for libraries and archives), that could potentially change our role, access and ownership of the resources we buy for our constituencies and the public good.

Links for more info:

o   From the Washington Office District Dispatch http://www.districtdispatch.org/2016/07/top-secret-hush-hush/

o   From ARL http://policynotes.arl.org/?p=1408

o   From the Society of American Archivists http://www2.archivists.org/saa-statement-on-draft-revision-of-section-108#.V7NzsaKrKao

o   From the University of Virginia http://news.library.virginia.edu/2016/08/16/virginia-university-libraries-tell-congress-needless-copyright-revision-could-threaten-our-mission/

Califa has prepared a Copyright Reform Statement (attached) from a library ebook (and more generally, epublications) perspective.  Our goal at Califa is to get the ball rolling and for the library industry to make our collective voices heard regarding the impact of these issues, specifically around ebooks. How? By having libraries and library organizations sign on to this statement.  Our goal is also to educate and inform library staff about the implications of copyright reform for libraries and to get the word out about the issues and solutions.

What’s the problem? Libraries don’t own the epublications we’re purchasing because of non-negotiable licensing terms. Where print materials that we purchase sit safely on library shelves without threat of being rendered inaccessible by any third party; this is not the case for ebooks.  We can’t put them on our own eshelves. We can’t ensure access to the public despite purchasing the content for public use and agreeing to established DRM terms. We are pouring money into epub collections that can be made inaccessible based on third party and/or publisher licensing terms. And we aren’t afforded the opportunity to negotiate these terms.

What’s the solution?  Publishers and ebook vendors should negotiate acceptable licensing terms with libraries rather than present terms that offer libraries 2 choices: a) accept the terms or b) don’t provide access to the materials through the public library. Let libraries own what they purchase. Let libraries host their own purchased content on platforms that conform to DRM standards. And amend copyright law to ensure licensing terms do not ‘trump’ copyright exceptions, provisions and fair use protections.   

Let’s discuss!

What are your thoughts about this issue, about this statement, about what we can and should be doing while this topic is beginning to glow white hot?

We have had several partners agree to sign on to this statement including RAILS, State Library of CT and Readers First. Others are running it by their respective boards.  Will you consider signing on and spreading the word within your organization and membership?

And we have put together some ideas to help spread the word:

·         Post on Readers First (Done! :-)

·         Post to change.org and point to it from many places so that the public and library/archive/museum/publishing professionals can sign;

·         Distribute to our respective consortial members.

·         Post on our websites / social media –create a hashtag campaign to continue the conversation online

·         Send to Copyright Office

·         Publish articles in state and national library publications

·         Start conversations with your ebook vendors to see where they stand or send to ebook vendors and publishers for their comment/support.

Other suggestions? We need your voice!

I look forward to our conversation and shared learning around copyright reform

Bias at the Copyright Office?

ReadersFirst wishes to spread the word about tomorrow's ALA Office of the President's Copyright Education Subcommittee's CopyTalk:

“Regulatory capture occurs when a government agency ‘is consistently or repeatedly directed away from the public interest and toward the interests of the regulated industry, by the intent and action of the industry itself.’1 This risk of ‘persistent policy bias” is ‘widely accepted, not only by public interest lawyers, but by academic critics, legislators, judges, and even by some agency members.’2 For example, in a recent series of essays, Senators Elizabeth Warren, Mike Lee, and Sheldon Whitehouse all agree that regulatory capture is a serious and pervasive problem.3

This report examines regulatory capture—both its sources and its consequences—at the U.S. Copyright Office. Capture at the Office is widely recognized among many copyright practitioners and stakeholders. As Professor Jessica Litman noted in 2006, ‘the Copyright Office has tended to view copyright owners as its real constituency, and has spent the past ten years moving firmly into the content industry’s pocket’—a statement that still holds true today.4” 

Here's the word from Alan S. Inouye:

At the next CopyTalk – which is this Thursday, November 3rd – Staff attorney Meredith Rose from Public Knowledge will discuss their report, “Captured: Systemic Bias at the U.S. Copyright Office.” Meredith will talk about the position and role of the Copyright Office, the influence of industry groups on Copyright Office policy positions, and what libraries and other groups can do to make sure their needs are reflected in Office policy going forward. 

Meredith’s work focuses telecommunications regulatory matters as well as copyright. Prior to working at PK, Meredith was a University of Chicago Public Service fellow with the Center for Economic Progress, and worked on consumer policy issues at the Federal Communications Commission, the Trans-Atlantic Consumer Dialogue, and Knowledge Ecology International. Meredith received her J.D. and A.B. from the University of Chicago. When not in the office, she’s an avid video gamer and desert hiker.

With the Register of Copyrights resigning from the Copyright Office just last week, this CopyTalk is well timed!

Day/Time: Thursday, November 3rd at 2pm Eastern/11am Pacific for our hour long free webinar.

Go to http://ala.adobeconnect.com/copytalk/ and sign in as a guest. You’re in.

The View From D.C. Public

Nate Hoffelder at The Digital Reader has offered a guest posting from Kate Rabinowitz that describes Washington D.C. Public Library's collection. 

"Our reading habits are evolving with technology. Want proof? DC's public library system's book collection is a lot smaller than it used to be, but it's got far more e-books and audio and visual resources."

Given the self-fulfilling prophecies we are hearing from many publishers about the death of the e-book, it is refreshing to see some statistics from a major urban library setting the record straight about what is happening in libraries. While it would have been nice to see some usage statistics to further support the claim that digital collection are growing in importance and offer many benefits in space allocation as well as convenience of use, what is happening in the District's libraries is descriptive of libraries all over the country. We are increasingly becoming people spaces and not book warehouses, and use of digital content continues to grow. Especially if we could implement a better business model offering some form of simultaneous access for popular titles, e-content will occupy more of our collections and eventually become the preferred library medium, in spite of trends in consumer buying. What will libraries look like in 20 years? More digital, less physical, more innovative use of spaces all seem likely bets.

Important Library Funding Bill

ReadersFirst strongly advocates renewing IMLS funding. Many of our members have used IMPLS grants to make a streamlined and interoperable e-content experience a reality.

Every year, nearly $200 million in federal library funding is awarded to every state in the nation by the Institute of Museum and Library Services (IMLS). IMLS can do that work, and gets the funding it needs, in no small measure because Congress passed and periodically "reauthorizes" the Museum and Library Services Act. It's time for Congress to renew that important landmark legislation again and library champions in the Senate have just introduced a bill, S. 3391, to do exactly that. With just a few weeks remaining after the November elections to get it passed, however, we need to help them help us by getting as many other Senators to "co-sponsor" S. 3391 as possible.  

Please, don't wait until November. Act now to email or call your Senators and ask them to co-sponsor S. 3391, the Museum and Library Services Act, as soon as they get back to Washington.

The more cosponsors we can get, the better the odds that the key Senate "HELP" Committee will act on the bill when the Senate returns so that the full Senate will have the chance to approve it before the 114th Congress comes to a close in December.

 Send an Email  Make a Call 

Talking Points:

• S. 3391 is a bi-partisan bill with broad support from the library and museum communities, and in Congress;
• S. 3391 requires the use of data driven tools, including research, analysis and modeling, evaluation, and dissemination to assess and assure the impact and effectiveness of funded programs;
• S. 3391 highlights the role of libraries as community hubs, equipped to meet ever evolving community needs, including: literacy, education, lifelong learning, workforce development, economic and business development, digital literacy skills critical thinking, financial literacy skills and new and emerging technology; and

S. 3391 will enhance IMLS' collaborative efforts by expanding the number of federal agencies able to fully leverage the role of libraries and museums in supporting and meeting the needs of Americans.

Not All Rumors are True, Of Course

Rumors are circulating that OverDrive is not promising renewing customers continued access to Kindle format titles. This has promoted speculation that the OverDrive/Amazon partnership may be ending or at least changing.

Members of ReadersFirst have been investigating and can state that OverDrive at east is planning no changes. Here is a typical statement:

“I can confirm that there are no changes to our relationship with Amazon and no changes to our service. 
Also, I just also want to clarify, because there is misinformation going around, that the only thing patrons need in order to borrow books from OverDrive is a valid library card. Just want you to be able to speak confidently about this when you hear mutterings that are untrue.”

RF is glad to hear that access to Kindle format will continue. We believe that EPUB gives a better reading experience and great possibilities to foster interoperability of library e-content than proprietary formats like Kindle/MOBI. Still, the market being what it is, we understand some library readers rely on Kindle e-ink devices and wish them continued reading pleasure.
RF wishes Amazon would consider partnering with other major library e-book providers, even though we think a better practice for libraries is not to send users outside the library realm. As long as some users have access, why not all? Other vendors also have customers that might well wish to access titles in Kindle format. It seems unlikely that even Amazon doesn’t want more people visiting its site. How about it, Mr. Bezos?

The Industry Leader: Tip of the Hat, Wag of the Finger

RF typically avoids discussing individual library vendors. We wish to be impartial and objective, neither advocating nor decrying any company's products and policies. Industry leading OverDrive has been recently much in the news (and sometimes not in the news when they perhaps might be). In the spirit of the hibernating Stephen Colbert (the star of Comedy Central's "The Colbert Report" and not the still-very-much-awake host of "The Late Show"), we offer a few tips of the hat and wags of the finger.

As reported by LJ in August, Sno-Isle and OverDrive tried demand-driven patron acquisition of titles. Patrons could select titles from OD's full catalog, with Sno-Isle picking up the cost and delivering content seamlessly. Results are encouraging, but the more expensive e-audiobooks soon proved to be a budget breaker and had to be scaled back. Special provisions prevented titles from being duplicated, so popular best sellers were not delivered over and over. A tip of the hat to OverDrive, with a RF thanks for being willing to experiment with a new model. Sno-Isle rightly issues some cautions about budgeting for this model, but it is delightful to see a library vendor respond to a request for creative solutions to getting patrons exactly what they want as quickly as is possible.

A wag of the finger to publishers who will not let even backlists be obtained for simultaneous access by customers on a per-download basis. This model could work--that is to say, create greater demand for your titles and more money for you.  Why not think about it?

A Wag of the Finger at OverDrive for its privacy policy. ReadersFirst has long advocated using the library barcode as the only identifier, authenticated only by a bounce against the library's ILS and with emails only used to notify of holds. The need to sign up for and authenticate an account via email should be avoided.  At least two large library systems are leaving OD for the competition in September, with Miami-Dade stating in a note to its patrons "Our decision also takes into consideration the protection of our patrons’ privacy from third party data mining. MDPLS’s Axis 360 service does not require you to create a separate account with a third party. You simply download the app, authenticate your library card number and PIN, and start reading or listening. Your Axis 360 username is not authenticated and your email address is only utilized by the app to send you notifications to pick up your holds. In contrast, OverDrive requires you to create a separate account directly with them in addition to your library account." RF supports these libraries and advises OD to consider the consequences of its policies. A monopoly on Kindle format isn't enough to keep library customers.

CORRECTION:  OverDrive points out that use of a library barcode without an email account is an option. Since OverDrive agreed to this option at ReadersFirst's suggestion some three years ago, and since we knew it was in place at one point, we are delighted to see it is still an option. RF regrets the error and takes back this wag of the finger.   

A Wag of the Finger at OD over dissolving its partnership with Barnes & Noble--not because of it did but for not releasing any notification of it. We don't blame OverDrive looking after its business interests. Besides, nobody rally wanted ANOTHER app to get content, and this system required not one but two apps--yukk! Why not at least tell libraries? A tip of the hat to  Nate Hoffelder at The Digital Reader for sharing the news.

A Tip of the Hat to OverDrive for offering tests of the new version of their app in beta. Testers are asked to say nothing about the app, so it may be some time before we get news about it. That OverDrive is soliciting librarian feedback is, however, to its credit.

Librarians often have a love-hate relationship with vendors. We like what they provide and dislike our dependency on them. RF hopes that OD appreciates the tips and will accept the wags in the spirit of constructive criticism. 

Do you have any tips or waqs to add? 

Michael Blackwell @ St Mary's

What Do You Know About SimplyE?

The library partners developing SimplyE request your feedback on improving ebooks in libraries. SimplyE is an multi-purpose ebook app developed by The New York Public Library, with partners from Minitex, DPLA, RAILS, Massachusetts Library System, the Connecticut State Library, and others. This survey will help us decide which app features to develop first, sample awareness of SimplyE within the library community, and learn more about ebook systems used in libraries and consortia.  The survey takes 10-15 minutes and your responses will be appreciated.  Please share the survey widely.

To take the survey, please go to: https://www.surveymonkey.com/r/YPR9399 

To learn more about SimplyE, please go to:  http://www.librarysimplified.org/

Thank you, Valerie Horton, Director, Minitex

The Pew Report on Reading: A [Digital] Library Perspective

By now, everyone in LibraryLand has seen the September 1 report and likely celebrated at least some.

It seems that reading may not, despite many greatly exaggerated reports, be on life support, attended in its last few minutes by quietly grieving holders of the MLIS, publishers begging miracle-working authors to try any means, except perhaps changes in DRM and book pricing (some things are too unholy to consider), to revive it.

Here's the survey. It is of course important for libraries to know societal trends. It brings some good news. In spite of having many other ways to be informed and entertained, Americans are still reading.  And since libraries might as well be called “Reading Is Us,” that’s good news.  Younger people are even more likely to read than others, it seems, so we may not be losing our core audience over time.  

If library print circulation is largely stagnant or even slightly declining--as seems to be the case in many libraries, after some decades of big increases--at least our circ trends reflect the whole culture staying about the same over the last few years in its reading habits. It's not great news.  But it isn't terrible.

Those surveyed perhaps most likely to use libraries are reading as much as ever and in some cases becoming even more format agnostic:  they will read in print, on phone, or on a tablet, depending on circumstances. Hooray!

But knowing more would help.

We pass over without comment the fact that people under 18 aren't even mentioned. Every survey has its limits. It wouldn't be fair to ask outside this one's parameters.

If 11% more people are "reading to research particular topics," perhaps we need to boost our collection of non-fiction. How are they reading to research? Is it print? Digital? Books? Some other length of monograph? Newspapers? Web postings? Blogs? What? Help! 

Library e-book and even more our digital audiobook use continues to rise, perhaps not for e-books at the amazing percentages we saw in 2011 – 2103, but at much higher rates than match this study and much higher than our print numbers. This growth continues in spite of the fact that, at least for many library e-book vendors, people often have to wait. Could it be that our users aren’t willing to pay the higher costs many e-book publishers now charge under agency pricing but are willing to borrow from us for "free"? Do we in libraries also benefit in the big trend away from consumers buying e-books from the major publishers and getting them instead from smaller publishers or even direct from authors at a fraction of the agency pricing?

The study also seems to ignore how different types of reading might be changing: for example, as noted by our friend the Digital Reader, paper romance and thriller sales (and, it seems in many libraries, circ stats too) are declining but reading in this format has soared on digital devices from library collections. Fantasy, SciFi, paranormal, and perhaps even mystery may follow this trend. Is the convenience of getting many titles quickly (and, in the case of Romance, not having to share those spicy book covers at check-out) revolutionizing part of the library business in ways not at all reflected in the survey?

 It's good to see that reading is not in decline but it isn't enough just to say "people love print" when so many other changes in our business are happening. Let's try to learn more, not just be glad people like print.

Perhaps some of these questions will be answered in the next Pew Survey on libraries. 

In the meantime, here’s one definite take away from the study that all libraries can support: since reading isn’t in dying, we in libraries should keep talking up our favorites, getting the word out to our users (and the media) on what’s worth a look. Let's have reading conversations with all ages. Reading isn’t on life support, but we need to help it stay vital. Print? E-book? Digital Audio? Graphic novel? It's good to know what will be in demand, bujt's let's be a sformat agnostic as our readers. "Reading," to quote Andrew Albanese, "is the product." Keep telling people about all the ways we get great content, and help people to find the books they like.

Good News for Interoperability Standards

The NISO membership has approved a working group to formalize standardized APIs to streamline the library-vendor site interoperability. If these standards can be developed, promulgated, and adopted--which is to say that libraries should by lobbying their vendors to use them--we will get closer to the seamless e-content experience that ReadersFirst has long fought fo.  See details below, and get involved! 

Baltimore, MD - August 25, 2016 - Voting Members of the National Information Standards Organization (NISO) have approved a new project to modernize library-vendor technical interoperability to improve the access of digital library content and electronic books. Building upon a set of API (Application Programming Interface) Requirements developed by Queens Library, a new NISO Working Group will create a foundational API set that the library community can build on. This set will fulfill an array of user and library needs, including quicker response times, flexible item discovery and delivery options, improved resource availability, and more seamless integration of electronic and physical resources.

Library patrons should expect an excellent user experience and requisite level of convenience should be built into all customer-facing tools that service library patrons. This project is being undertaken to bring patrons' library experiences in line with the modern tools and technologies-especially mobile technologies-they are accustomed to using in other areas of their lives. Currently, libraries use varied technologies, some of which rely on outdated and slow communication protocols, to provide services to users. By establishing standards on RESTful Web services APIs as well as standard mobile extensions, the library industry will leave many archaic, difficult-to-use tool sets behind, and allow libraries more flexibility in meeting local needs.

"11.2 million patrons visited the Queens Library in 2015," says Kelvin Watson, Chief Operating Officer, Senior Vice President, Queens Library. "It's imperative that we keep them coming back by providing fast, efficient service that rivals what they experience in the commercial world. Queens Library, which serves one of the five most diverse counties in the United States, has a vested interest in undertaking this work to customize library operations for specialized local needs. We are excited to have initiated this project at NISO and we look forward to working with other participants to actualize our draft framework."

Volunteer working group members will deliver a foundational framework, in the form of a NISO Recommended Practice, that will communicate an understanding of how libraries should provide and receive data. These library-related communications and functions could include customized genre or category views for browse, search, and discovery of collections; user authentication; transmission of account information; management of barcodes; check out and return of items, streaming of online material, and other requirements as determined by stakeholders. Work will also include the creation of several proof-of-concept services that use the proposed approach to deliver services and a registry to enable supporting data providers and system vendors to communicate their support of the framework. The full work item approved by NISO Voting Members is available on the NISO website.

NISO's Associate Director of Programs, Nettie Lagace, comments, "NISO is eager to begin this work to improve library-patron interactions. Advancing vendor-library communication processes through consensus discussions and agreement is a natural fit in our portfolio of work. NISO's mission is to streamline the work of libraries and other information providers to get content into the hands of consumers." Lagace continues, "We encourage working group participation from libraries, library system providers, providers and distributors of e-books, recorded books, and other forms of digital content and media. We are looking forward to hearing from interested volunteers who can dedicate their technical talents to this important effort." Those who are interested in participating in the E-Content API Framework working group should contact Ms. Lagace at nlagace@niso.org.

A Statewide E-book platform and More: eGO and schoolbooks too

The Connecticut State Library has announced the first phase of their developing state-wide e-book platform. Called eGO, the app is based upon the Library Simplified app--specifically, the brandable iOS/Android compatible version called SimplyE developed by NYPL, about which we at RF have often posted news.

"Funding for this project was allotted by the State Bond Commission late last year.  The funds were appropriated by the General Assembly in response to a report by the Department of Consumer Protection which recommended, in light of the high cost libraries pay for eBooks, that the state develop its own eBook Platform.  Libraries often have several eBook platforms in order to provide a range of titles . The eGO app will bring all of the library’s eBooks into one easy-to-use eBook reader.  eBooks available from the developing statewide collection will also be included, eliminating the need to search multiple locations and have multiple eBook apps. There are many different library management systems in Connecticut and the app will be customized for each system in phases."

In addition, Connecticut will in the future deploy the Open eBooks app: "Through its partnership with NYPL and as part of the Open eBooks project, thousands of popular and award-winning titles will be available free for children from in-need households in Connecticut."

Said George Christian, Executive Director of Library Connection, Inc. [a consortium of 30 academic and pubic libraries in CT]  “ We believe this app will give patrons of our libraries an easy way to simultaneously discover all the eBooks that are available to them from our consortium’s shared collection, from the State Library’s One Click Digital collection, and from the collections at their home libraries that are restricted to their own patrons.”

Amen, Mr. Christian, and good luck to Connecticut. We hope this revolutionary app and platform spreads across the county.