Maryland Libraries Strike Back and Other Macmillan news

An article appeared in today’s Baltimore Sun setting out the Maryland Library Association and many local systems’ concerns about the upcoming changes in Macmillan’s licensing terms. Those concerns have also been stated elsewhere, but it is gratifying to see yet more heavily used and prestigious libraries bring this matter to public attention. Thanks, Maryland Library Association and Maryland libraries!

Alan Inouye continues to monitor developments and has shared several recent updates:

 There has been a lot of activity this week on the public campaign front. There was an amazing segment on CBS in NYC yesterday; check it out:

https://newyork.cbslocal.com/2019/10/18/publisher-looks-to-limit-libraries-collection-of-new-e-books-for-loan-to-readers/

We also launched our campaign at the Frankfurt Book Fair. We began on Monday with an email blast that Publishers Weekly sent to all of its subscribers. Within an hour, we heard from Macmillan's president that their position is unchanged and they are not inclined to adopt the joint committee that we proposed but are eager to meet and further discuss. He promised to get back to Sari and me to talk about possibilities in New York or elsewhere.

 The Frankfurt campaign continued, with a daily full-page ad in the show daily; here is day 3:

https://twitter.com/AlanSInouye/status/1185121973778681856

We also conducted a social media campaign targeted to the Fair and specifically to the Fair site (i.e., geographic targeting).

 There were many articles and op-eds this week--so many that I haven't yet been able to read all of them. Some notable things close to home include news about King County Library System published in Publishers Weekly; an article by Sari Feldman published by IFLA; and article in Library Journal with liberal contributions from me:

https://www.publishersweekly.com/pw/by-topic/industry-news/libraries/article/81475-this-major-public-library-system-will-boycott-macmillan-e-books-will-others-follow.html

https://twitter.com/AlanSInouye/status/1184637197833658368

https://twitter.com/AlanSInouye/status/1184234339862798337

Hopefully I'll sort through the various articles, a couple of other TV segments, op-eds, and other items by the end of the weekend. I've posted a number of them on my Twitter account (@AlanSInouye).

There are some hints of related action in Washington D.C. Might some in Congress be considering national legislative action in aid of libraries? Let’s hope so! Details may be available within a few weeks. We’ll post when we know more.

An Interview with Sari Feldman

ALA Senior Policy Fellow Sari Feldman has spoken with IFLA about “E-Lending, Embargoes and Equitable Access.” She is, as usual, eloquent.

After explaining Macmillans’ new licensing model and Blackstone’s embargo and suggesting other Big 5 publisher’s don’t look likely to follow these two, Ms. Feldman sets out the impact of limiting access to library readers: “Limiting access to new titles for libraries means limiting access for readers most dependent on libraries, including people with the fewest resources to purchase new eBoooks on demand, people with disabilities, students and researchers needing easy access to review content from a variety of sources, and readers with limited access to library locations.”

She avers that no data supports Macmillan’s decision and points how the publishers is ignoring how libraries promote discovery of authors and reading. “Libraries are critical to building readership at a time when reading is on the decline in the US. Libraries promote literacy and reading for all ages. Readers are attracted to eBooks and if libraries cannot get the content in the quantity needed to satisfy readers, excessive wait time will suppress discovery and interest in eBooks.”

She continue by describing how libraries are essential in the e-book market ecosystem: “Libraries are critical to building and sustaining readership, creating discovery of new and mid-list authors, and providing equitable access to readers most dependent on libraries,” with librarians having a crucial role.

In a hopeful conclusion, Ms. Feldman adds that the “good will” between libraries and publishers will result in beneficial change, leading to “new business models” that balance the interests of authors, publishers, and libraries, creating growth in the e-book industry.

RF hopes Ms. Feldman’s optimism is justified. Reading as a pastime is in decline, while Amazon, hardly dependent upon readers, bulks up its already large amount of exclusive content. We have every reason to join forces to promote reading and increase access. Will the Big 5 choose to work with libraries or silo themselves for short-term increased profit but long-term ultimate decline in revenue and, alas, reading?

Thank you, Maryland Library Association!

The following is from MLA President Andrea Berstler. May other state associations follow suit, if they haven’t already!

On October 10, 2019, the Maryland Library Association Executive Board passed the following resolution in response to Macmillan’s proposed changes for how they will and will not sell eBooks to libraries. This policy would significantly limit access to eBooks for communities across the country. By limiting the purchase of eBooks for libraries to one copy for the first 8 weeks, Macmillian demonstrates that its corporate priorities are not to cultivate readers and promote reading, but to take any actions they deem necessary to promote their bottom line. This shortsighted strategy is driven by the unsubstantiated belief “that library lending was cannibalizing sales”, as stated by Macmillan CEO John Sargent.

Should this new practice be instituted, it would allow one copy to be purchased for the entire Maryland Digital eLibrary Consortium. A recently proposed amendment to this would allow each county to purchase only one additional copy during the first 8 weeks following a title’s release. This would still keep each county library from being able to come close to meeting the needs of their community. Print copies would not be subjected to this limitation.

The Executive Board of the Maryland Library Association believe that this choice by Macmillan Publishers directly affects the library’s ability to provide equal access to all Maryland citizens. Additional information and updates on this situation can be found on the ALA website - ebooksforall.org and http://www.ala.org/news/press-releases/2019/09/ala-launches-national-campaign-against-e-book-embargo . MLA encourages libraries, library staff and private citizens to express their opposition to this and any similar restrictive policies by using ALA’s #ebooksforall campaign and other advocacy channels.

Sincerely,

Andrea

Andrea Berstler

President, Maryland Library Association

A Resolution on Ebook Sales Restrictions

Maryland Library Association

WHEREAS, Maryland’s public libraries currently serve more than 3,600,000 cardholders; and

WHEREAS, the continued commitment to a high quality of services and ease of access places Maryland as a leader for libraries nationwide; and

WHEREAS, millions of Marylanders, including students, now use digital content as their preferred or only access to books, music, and movies; and

WHEREAS, information and content must be accessible to all people, in all available formats, regardless of their personal income or physical ability or reading ability; and

WHEREAS, Marylanders downloaded more than 3,690,000 eBooks and eAudiobooks in 2018 from public libraries across the state; and

WHEREAS, the U.S. publishing industry earned $25.83 billion in revenue in 2018, with downloaded audio experiencing 28.7% growth over 2017; and

WHEREAS, major publisher Macmillian, has recently announced their intention to implement restrictive purchasing policies for eBooks that directly and severely impact the ability of Maryland’s public libraries to provide equality of access to materials and information by requiring all public libraries to share a single digital copy among 6 million citizens.

WHEREAS, Macmillian CEO John Sargent accuses libraries of “cannibalizing” sales and actively “marketing… to turn purchasers into borrowers.”

WHEREAS, taxpayer supported public libraries spent millions of dollars in 2018 on eBooks and eAudiobooks; and

WHEREAS, these new policies place a significant and undue burden on both institutions and individuals, while further broadening the digital divide between those who can and those who cannot afford digital access.

WHEREAS, these arbitrary limitations make it impossible for libraries to fulfill their central mission of ensuring equal access to information for all, regardless of socioeconomic status; therefore

BE IT RESOLVED on this day October 10, 2019, that we, the members of the Maryland Library Association, call upon publishers, specifically Macmillan, to reconsider the announced restrictive and onerous policies and engage in a meaningful and direct dialogue with libraries, library consortia, library associations, authors, and other relevant stakeholders for the purpose of creating new policies that ensure equitable access to all of Maryland’s citizens.

BE IT FURTHER RESOLVED that we support the American Library Association’s position of opposition of any sales model or policy that imposes arbitrary limitations that undermine libraries’ abilities to serve their communities.

Three Updates on the Macmillan Embargo

As the start date for Macmillan’s changed library e-book licensing model looms, the library community continues to respond.

Stacey Aldrich, State Librarian for Hawaii and President of Chief Officers of State Library Agencies (COSLA) has written Macmillan CEO John Sargent a letter, explaining that COSLA” would like to engage with you more deeply on this topic.” The letter invites Mr. Sargent to the COSLA Annual meeting in early November to “talk about what is possible, and to help us better understand how you have determined this new model is the best for you as a publisher, but also for your key stakeholders: libraries, authors and readers.”

Aldrich makes several points:

The transition to digital content has been challenging at times for all, but throughout publishers and libraries have maintained a high level of respect for each other’s strengths and values, and ultimately a shared vision of a highly literate and engaged public for which each of us plays an important role.

Research has proven time and again that people who borrow books, buy books, and libraries serve as the primary way people are introduced to new titles and authors. Limiting libraries is a flawed marketing strategy and certainly not positive PR for a publisher held in such high national esteem with such a long history of promoting authors and delighting readers.

 We are also beholden to the community of readers. They want to know why there are not enough e-copies available of books, and we again must explain the model. Despite our explanations, which include rationale from the publisher perspective, funders and readers can make little sense of the situation.

Readers want choice of formats to support their reading habits. Our public libraries are buying more copies than ever to satisfy this desire and are paying more to do it. The cost of a single title with varying formats (print, electronic, audio) can be upwards of $140 initially, with additional investment required as various lending model terms kick in. That initial investment in a single title can easily balloon to $200 and more over time. This model is not sustainable.

COSLA understands that there are challenges for thinking about business models in the 21st century, and we also believe there are better ways than squeezing public libraries out of access for their communities.

RF hopes that Mr. Sargent will accept the invitation and engage in productive dialog. But we aren’t hoping our breath.

While dialog is perhaps not a carrot, at least one large library has decided to apply the stick. Lisa Rosenblum of King County has sent a message to Urban Library Council directors announcing a boycott of Macmillan.

Despite months of discussion and advocacy, Macmillan continues its position to embargo multiple copies of ebooks.

Therefore, effective November 1st, KCLS will no longer purchase ebooks from Macmillan. Instead we will divert our ebook funds to those publishers who are willing to sell to us.

We encourage all public libraries to join us. We know there are many opinions among public library staff of why this a good and not so good idea. So I offer you two reasons why we have decided to go this route. One is pragmatic, the other is principled.

We have pledged to our readers that we will limit wait time for any one title to around 3 months. Not allowing us to purchase multiple copies of an ebook for two months artificially lengthens the queue, triggering more of the same title to be purchased than would have occurred if we had been allowed to buy for the first two months. With an ever increasing demand to buy a wide variety of digital titles we do not think this is the best use of public funds. For those who are worried about access to their materials, we will continue to buy good old fashioned print copies of Macmillan titles.

The 2nd speaks to the core philosophy we all adopted almost 30 years ago, to create timely access to customer driven collections. We do not want other publishers to follow the example of Macmillan and embargo books. To do so profoundly changes the public library.

I think Kent Oliver recently said it best, “Most troubling of all is the indirect message this embargo sends, which is only those who are able and willing to pay for literature and information deserve to have access to it as soon as it is available, that philosophy goes against everything we stand for”

We hope you will join KCLS. The more of us who do, the stronger the message to all of our publishers.

Librarians will always feel an inner emptiness when not providing titles in a timely fashion in our community members format of choice, and no doubt this decision is not easily reached. Some might question it as playing directly into Macmillan’s hands, forcing digital readers to buy if they want access. RF’s view is that, while perhaps only legislative and legal action may level the field for library readers, this boycott is necessary and well-deserved. We encourage libraries to join ranks and stand with King County.

This brings us to our third news item: the ALA has announced that over 100,000 readers have joined #eBooksForAll campaign against the planned embargo. Have you signed yet? If not, please do!

"The CASE Act's flaws threaten free speech and Congress must fix them"

How nice to have an opportunity to relay news of library interest unrelated to publishers’ license terms!

In an opinion piece in The Hill, ACLU Senior Legislative Counsel Kate Ruane argues for changes in a proposed piece of legislation:

Congress is currently considering legislation that would allow copyright holders to bring smaller cases defending their works from copyright infringers without some of the prohibitive costs of going to federal court. It’s a smart idea that many in the creative community have made clear is long overdue. At the ACLU, we agree. However, the specific legislation Congress has drawn up to achieve this – the Copyright Alternative in Small-Claims Enforcement Act (CASE Act) -- has significant design flaws that undermine free speech online and our due process rights. We’re urging lawmakers to make some changes

Ruane explains that the law would create a board with too much power:

The current proposal creates a new government body, the Copyright Claims Board (CCB) . . . to resolve certain copyright claims and counterclaims. As currently constructed, CCB would have the last and final word for nearly all cases and neither the copyright holder nor the alleged infringer could appeal the board’s decision in court, except in very limited circumstances. . . . Individuals fairly using copyrighted work, or those using it unknowingly — like kids posting videos of themselves on YouTube dancing to the latest Cardi B song — could be forced to pay up to $30,000 for those mistakes.

Ruane documents how the DCMA has in many cases been used improperly to censor speech. “In the case of the DMCA, alleged misuse means censorship. But the legislation currently under consideration increases the stakes. Speech alleged to be infringing wouldn’t just be censored — it could result in a $30,000 penalty. That’s enough to bankrupt the average American household.”

RF cheers on the ACLU’s efforts to change in the legislation. Libraries wouldn’t likely be affected often, though it is not impossible that some social media efforts might inadvertently be. But it is a fundamental library value to allow for as much speech as possible that does not infringe. Libraries should support this ACLU effort. Thank you, Ms. Ruane!

Carmi Parker's Blackstone Update for 10/4/2019

ReadersFirst Working Group Member and Whatcom County Library System ILS Administrator Carmi Parker has provided an update on the Blackstone Boycott.

“The Berks County Public Library system joined us several weeks ago, announcing their plan to boycott both Blackstone Audio and Simon & Schuster audiobooks. The Reading Public Library, which is part of Berks County, is taking that two steps further and adding Macmillan and Hachette audiobooks to the boycott. Here is the Berks County announcement, including an image of their OverDrive stats related to these publishers’ eAudiobooks.

I also heard this week from Yolo County Library in California, which plans to boycott Blackstone and eBooks and eAudiobooks from Macmillan for six months. Here is Yolo County’s announcement. They also have shared the news on the California Library Association’s listserv.

We are proud to have these library systems join us and thank them for their work on behalf of patron access!”

Thank you, Carmi!

More and more libraries are signing on to ALA’s https://ebooksforall.org/ campaign. We are nearing 100,000 signatures. RF is working to have every Maryland library system sign on and get the word to patrons about unfair licensing practices. Why not join, if you haven’t already?

"Reading is here to stay, but how we are doing it is changing"

AN NPD Group survey reports that “nearly three out of four consumers in the U.S. reported reading a book or listening to an audiobook in the past six months.”

According to the survey, traditional print remains the most popular medium, with “more than half of respondents reported reading a print book in the past six months, while only one-quarter read an electronic book (e-book). This is consistent with NPD point-of-sale tracking, where the print book market makes up 81 percent of the overall market, up from 72 percent in 2013.”

Not surprisingly, print is especially preferred for books for the very young: “Parents value the lap time print books offer, which is a wonderful way for parents to bond with their children and foster a love of reading early on. They also view print books as an offset to screen time, in our increasingly connected world.”

Audiobook use is growing: “adults between the ages of 18 and 44, a key consumer demographic for marketers, are listening to audiobooks the most. ‘Audiobook listeners are also most likely to engage with all forms of book activity, making them valuable consumers when it comes to content and purchasing power,’ McLean said. ‘They practice equal-opportunity literacy, not only listening to audiobooks, but also reading print books, magazines, and graphic novels.’.”

Not all the news is good: “books are facing stiff competition for consumer attention from other entertainment activities . . . . survey respondents reported reading roughly 9 percent less this year than they did last year overall, with the steepest drop off reported for readers between the ages of 45 and 54.”

The results won’t be a surprise for librarians. They match trends in library use: for most libraries, print circulation is dropping or at best remaining flat (though most libraries are not seeing 9% declines), while digital use continues to grow but not enough to overcome the decrease in print circ. The results do, however, underscore the continued need for enhancing the library digital content experience. The survey suggests that the trends we see are part of a larger social trend. Digital content will be increasingly important, and libraries will need to advocate for the continued importance of reading as other entertainment and information forms grow in popularity.

A Small Change for Consortia in Macmillan Licensing

Yesterday OverDrive announced through account managers that Macmillan would “allow Advantage libraries to purchase additional copies (still one per Adv library) in the OC/OU format during the first 8 weeks. This will be in addition to the single copy the consortium can purchase.”

Michael Bills from Baker & Taylor confirmed via ALA ASGCLA that “B&T brought this up in meetings at Macmillan’s offices in mid-August. After asking for this permission, and explaining how non-shared local collections work within consortia, Macmillan leadership agreed to allow Axis 360 Unbound libraries—and by extension, OD Advantage libraries—to order a perpetual copy for their patrons, in addition to the consortium copy. Glad to hear that OD asked, and received the same permissions.”

This slight change is helpful in many ways for consortial libraries, or even independent ones. It gives them more control over their collections. Members of a consortia can get titles individually even if no consortia copy is leased. It offers potential cost savings over time: because the license in the first 8 weeks is one copy/one user perpetual, one copy of titles, at least, will not have to be constantly renewed. The option can conceivably help with preservation of access over time. And a few more titles can be offered to patrons in the first 8 weeks: libraries with multiple platforms (for example, DPLA Exchange, Axis 360 or Cloud Library, plus their consortium vendor) could perhaps offer 3 copies before having to plunge for however many copies via metered access.

So, grudgingly, RF offers thanks to Macmillan for agreeing and more graciously to the library vendors for asking.

If Macmillan were offering to each library one and only one perpetual access license in addition to a shared consortial copy, even at full price or even a bit higher, plus unlimited metered access licenses, all on the day a title was released, we’d all be thanking them, especially if the metered licenses were based only on circulation and not time. That 8 week embargo is still a BIG sticking point, though, isn’t it?

ALA Launches eBooksForAll.org Website

The ALA has released a memo to its members from Wanda Brown.

It reads as follows:

Since we denounced Macmillan Publishers’ planned embargo on eBook sales to libraries in July, ALA members have raised their voices loud and clear to say that access to eBooks in libraries should not be denied or delayed.

Your opposition has taken the form of private letters to Macmillan CEO John Sargent, public statements from chapters condemning the publisher’s new licensing terms, letters to the editor and op-eds. Last week ALA stepped up our #eBooksForAll campaign and released a public petition calling for Macmillan to halt its embargo, scheduled to begin November 1.

Today, ALA launched a website, eBooksForAll.org, with information and tools you can use to invite your patrons to join our movement and demand eBook access for all:

• Frequently asked questions about the planned embargo
• Social media samples and graphics
• Print resources like posters and table tents  
• Media outreach tools

ALA members know Macmillan’s embargo is about more than an eight-week wait for new eBooks. It is up to us to tell our patrons the truth: limiting access to new titles means limiting access for readers.

I encourage you to sign the petition at eBooksForAll.org and use the tools there to share the petition and campaign with your community. Our nation’s libraries have millions of allies. We must work together to ensure equitable access to the world’s knowledge, regardless of format.

More soon. Thanks again for your advocacy.

RF thanks the ALA for its efforts. It will take more than petitions, we think, but spreading the word to the public is important for all of us.

Blackstone and other Updates from RF Working Group Member Carmi Parker

 Greetings!

On the Blackstone boycott front, we have a new library system that plans to boycott audiobooks from Blackstone, Simon & Schuster, Macmillan, and Hachette!  They have not yet announced it officially so I will let you know who they are when they have done so.

We received the answers to our questions [ed.—not much in the way of answers!] to Blackstone a couple weeks ago and I do not expect much more news on that front, so will be posting only when I have an update rather than weekly.  Since we are seeing more libraries begin to boycott other publishers, I am planning to start a weekly update that shares that information, along with news about eBook restrictions.  Here is a start, and we should have more details next week.

There are several excellent articles summarized and linked in Andrew Albanese’s Publisher’s Weekly “This Week in Libraries,” including a discussion of the Edward Snowden book in the context of Banned Books Week, free speech, and the suit by the DOJ seeking to freeze Snowden’s profits from the book.  Albanese observes: “there are many ways to ban a book.”  And Kent Oliver, director of Nashville Public Library, connects the Macmillan embargo to the freedom to read.  Finally, a Virginia librarian is using Twitter to protest eBook pricing. Visit the page every Friday (typically) for lots of library e-book news.

Also in PW, Sari Feldman has continued her regular column despite retiring as the director of Cuyahoga County Public Library.  She writes about eBook restrictions and what they might mean for readers’ advisory.

 Jessamyn West, a regular columnist for Computers In Libraries, has dedicated her column to eBook restrictions.  If you missed her article earlier this summer on CNN.com, it’s worth reading.

 My 2 cents…it’s very good to keep the publisher restrictions top-of-mind in the press, but talking about the restrictions won’t change them.  If libraries want change, we need to follow words with actions.

Carmi Parker, WCLS